TMI Blog2017 (1) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue neutral scenario, we find no reason to interfere with the impugned order - credit allowed - appeal rejected - decided against Revenue. - Central Excise Appeal No.56785 of 2013 - Final Order No.55442/2016 - Dated:- 29-11-2016 - Mr. Justice (Dr.) Satish Chandra, President and Mr. V. Padmanabhan, Technical Member Present Shri Yogesh Agarwal, A.R. for the appellant-Revenue None f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice was issued for disallowing the cenvat credit which stands confirmed by the original authority along with recovery of interest as well as imposition of penalty. When the issue was agitated in appeal , the Commissioner (Appeals) set aside the order. Revenue is in appeal with the prayer to reinstate the Order-in-Original. 3. We have heard Shri Yogesh Agrawal, ld. A.R. for Revenue. No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had taken cenvat credit of ₹ 16,46,897/- on MS angle, MS channel, MS flat etc. in the year 2005-06 and 2006-07 and the same has been removed as such after reversal of equivalent cenvat credit availed by them. Rule 3(5) of Cenvat Credit Rules, 2004 stipulates that when any inuts on which cenvat credit has been taken are removed as such from the factory, the manufacturer of the final product ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indings of the Commissioner (Appeals) in the impugned order. It is a fact that the entire cenvat credit availed by the assessee already stands reversed at the time of clearance of the goods as such. In such Revenue neutral scenario, we find no reason to interfere with the impugned order. The same is upheld along with the reasons mentioned above. 5. In the result, the appeal filed by Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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