TMI Blog2017 (2) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... are cleared at a subsequent date. The Cenvat credit earned being permitted to be used with indefeasible right that cannot be denied in absence of any express provision of law in that behalf. None can say out of which raw material the finished product was manufactured and credit is not attributable to a specific input used in manufacture. One-to-one correlation not being contemplation of law, credit is available to a manufacture on very day when raw material reaches factory, with a right to set off such credit against liability to discharge duty on clearance of output - appeal allowed. Rule 8 of Cenvat credit Rules 2002 permitting carry forward of the unutilised Cenvat credit remained in the hands of the amalgamating company to be utiliz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in 2015 (320) E.L.T.357 (Mad.) . According to her, the decision in the case of Tractor and Farm Equipment Ltd . having reached to finality by Apex Court on dismissal of appeal of Revenue, appellant should succeed. 2. According to the learned counsel, Cenvat credit was taken as soon as the input reached factory and such inputs used in manufacture. In absence of any one to one relation between input and output, there shall be no deniability of the Cenvat credit taken by the appellant. 3. Revenue on the other hand says that the appellant should be denied credit for the reason that decision of the Tribunal in the case of Albert David Ltd. Vs Commissioner of Central Excise, Meerut reported in 2003 (151) E.L T.443 (Tri. -Del.) hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation between the input and the final product and Cenvat credit being available on day-to-day basis, there is no warrant in law to recover the Cenvat credit availed prior to 09.07.2004. 6. The judgment relied by Revenue in Albert David Ltd . (supra) was dismissed by a two judges Bench. But the ratio laid down in Dai Ichi karkaria Ltd. (supra) is by a three judges Bench. According to the rule of precedence, the judgment rendered by a bench of higher strength will prevail over the bench of lower strength. Accordingly, Dai Ichi Karkaria Ltd . (supra) holds the field. 7. Added to the above, it is elementary principle of jurisprudence that the right vested by law extinguishes only by authority of law. While issuing Notification No. 23 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C.) is appropriate on the facts of the case of the appellant for which appeal is allowed. Appeal No: E/271/2007 Appellant says in the present case Revenue's, allegation is that appellant is not entitled to the unutilised Cenvat credit of the amalgamating company due to change of the status. Rule 8 of Cenvat Credit Rules, 2002 permits carry forward of unutilized credit of the amalgamating company to the amalgamated company. 2. Revenue although agrees with the above legal position, supports adjudication. 3. Heard both sides and perused the records. 4. In view of the specific provision of law in Rule 8 of Cenvat credit Rules 2002 permitting carry forward of the unutilised Cenvat credit remained in the hands of the am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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