TMI Blog2006 (10) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... ubstantial question of law arise - CEA No.5 of 2006 - - - Dated:- 12-10-2006 - Adarsh Kumar Goel and Rajesh Bindal, JJ. [Judgment per]- This appeal has been preferred by the revenue against the order dated 4.5.2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi in Appeal No.E/2888/04-B, proposing following substantial question of law:- "Whether the manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of inputs lying in stock or used in finished excisable goods when option was exercised. The Tribunal upheld the claim of the assessee on the ground that the assessee was manufacturing all types of papers and the assessee was reversing the credit in respect of inputs used in papers under Notification No.3/2001. 4. Learned counsel for the revenue submitted that since the inputs were being con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sal of credit in respect of the inputs lying in stock and contained in the final product is uncalled for. The appellant also, during argument, submitted that they were reversing the credit in respect of the inputs and which are contained in the papers cleared under Notification No.3/2001. In this situation, we find merit in the argument of the appellant and demand is unsustainable and set aside an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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