TMI Blog2017 (3) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... uty paid on input which is used in the exempted goods is not admissible - interest - penalty - Held that: - whatever stock of input as such lying in stock as on 4-2-2004, appellant is not entitle for the Cenvat credit. Accordingly credit is admissible for ₹ 14,91,737/- in respect of input contained in WIP and for ₹ 7,19,986 contained in finished goods - As per closing stock on 3-2-2004 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Excise Tariff. The duty leviable on the said goods is on advalorem basis. In the Finance Bill, 2003 fresh levy was imposed on the particle board. Accordingly the appellant started paying Central Excise duty on the said goods manufactured by them. The plain and laminated boards falling under chapter sub heading No. 44.06 of Central excise Tariff were attracting Central Excise duty @ 8% Adv. up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aggrieved by the Order-in-Appeal, appellant is before me. 2. None appeared on behalf of the appellant. 3. Shri. Sanjay Hasija, Ld. Superintendent (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. He placed reliance on following judgments: (a) Commr. Of C. Ex. Ghaziabad Vs. Explicit Trading Marketing (P) Ltd[2004(169) ELT 205(Tri. Del)] (b) Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... put used in the manufacture of finished goods and in the goods lying in the process credit was taken validly and the same cannot be denied. However as regard the input lying in stock as on dated of exemption in the present case 4-2-2004 the credit is not admissible. As regard the judgments relied upon by the Ld. A.R. it is observed that all these judgments are in respect of input lying in stock on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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