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Ms Holy Creations Pvt. Ltd., Shri Purushottam D. Somani Versus Commissioner of Central Excise And Service Tax, Surat

2016 (4) TMI 1109 - CESTAT AHMEDABAD

Cenvat credit on inputs namely, fabrics lying in stock or in process or on inputs contained in finished goods lying in stock as specified in the Table - appellant Company is a registered "Dealer" of grey fabric under the Central Excise Rules - Notification No. 35/2003-CE (NT) dated 10.04.2003 - Held that:- Grey fabrics directly purchased by processor from manufacturer, that would be undisputedly are input with the processor and merely because a dealer is introduced in between manufacturer and th .....

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meer Chitkara, AR ORDER Per Mr. P K Das After hearing both the sides and on perusal of the records, we find that the appellant Company is a registered "Dealer" of grey fabric under the Central Excise Rules. Notification No. 35/2003-CE (NT) dated 10.04.2003, as amended, allowed cenvat credit on inputs namely, fabrics lying in stock or in process or on inputs contained in finished goods lying in stock as specified in the Table. The appellant availed credit as per serial No. 1(c) of the t .....

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pany. Further, a penalty was also imposed on the Director of the appellant Company (i.e. Appellant No.2). 2. We find that the issue is no more res-integra, in view of the various decisions of the Tribunal and High Courts, as under:- (a) CCE & Cus., Ahmedabad vs. Rajkamal Textile Traders - 2010 (258) ELT 189 (Guj.) (b) Zeenath Prints Pvt. Limited vs. CCE, Surat - 2007 (210) ELT 217 (tri. Ahmd.) (c) CCE, Ahmedabad vs. Deepak Impex Pvt. Limited - 2011 (10) LCX0188 (d) Ambica Fashion vs. CCE, Ah .....

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9;ble Gujarat High Court in the case of CCE & Cus., Ahmedabad vs. Rajkamal Textile Traders (supra) are reproduced below:- "The following substantial questions of law arise for our consideration. (1) Whether, in the facts and circumstances of the case, the CESTAT is justified in holding that the grey fabrics i.e. unprocessed stock of fabrics held by a dealer is 'input' in terms of Notification No. 35/2003-C.E. (N.T.), dated 10-4-2003 and without considering the Rule 2(g) read wit .....

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