TMI Blog2016 (4) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the processor, nature of product as input cannot undergo any change. So, the dealer is entitled to avail credit with Serial No. 1(c) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecified in the Table. The appellant availed credit as per serial No. 1(c) of the table appended to the said notification as input lying in stock or in process and supplied the grey fabric to the processor for processing of the fabrics. According to the Revenue, the appellant Company is entitled to avail credit under Serial No. 2 (b) of the table appended to the notification as finished goods ly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from manufacturer, that would be undisputedly are input with the processor and merely because a dealer is introduced in between manufacturer and the processor, nature of product as input cannot undergo any change. So, the dealer is entitled to avail credit with Serial No. 1(c) of the Table as input. For proper appreciation of the case, the relevant portion of the decision of the Hon'ble Gujara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was a mandatory condition for availing of transitional credit. 2. Question raised whether the Tribunal 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. The Tribunal has examined the issue and opined that the problem related to term. So far as the present case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the traders but also in respect of stock lying with the processors. 3. That being the factual and legal situation, we see no reason to take a different view than that of the Tribunal. We, therefore, see no merits in the appeals and the same deserve to be dismissed. 4. In view of the above discussion, the impugned order is set-aside. Appeals filed by the appellants are allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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