TMI Blog2016 (8) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... n under the Cenvat Credit Rules, 2004 for opting for the notification at the beginning of the financial year, is that the cenvat credit attributable to the inputs, WIP as well as finished products as on 31st March of the previous year will have to be expunged and the balance cenvat credit available should be allowed to lapse. The duty demands have arisen since the appellant have not done so. Havin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assistant Commissioner of Central Excise. The appellant is a manufacturer of Humidification Plants, cooling plants etc. The dispute covers the period 01.04.2005 to 31.03.2006 during which the appellant availed the benefit of the small scale exemption Notification No. 8/2003-CE dated 01.03.2003. The scheme of this SSI notification is such that the manufacturer of specified goods can avail full exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exemption from the whole of the duty of excise leviable on goods manufactured by him under a notification based on value or quantity of clearances in a financial year, and who has been taking CENVAT credits on inputs or input services before such option is exercised, shall be required to pay an amount equivalent to the CENVAT credit, if any, allowed to him in respect of inputs lying in stock or in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal before us. 4. Appellant has submitted that they have subsequently reversed the credit of duty on the inputs attributable to those in stock and contained in the working progress as well as finished product lying in stock on the date of opting for the notification i.e. 31.03.2004. They have further submitted that the interest for late payment has also been paid. Accordingly, they prayed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have not done so. Having paid the appropriate amounts on this scores subsequently, we have no hesitation to conclude that the appellant will be eligible for the benefit of notification during the disputed period. Consequently, the proposal for denying the benefit of notification and consequent demands will need to be set aside. In the result, the appeal succeeds. (Pronounced on 02/06/2016). ..... X X X X Extracts X X X X X X X X Extracts X X X X
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