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TMI Blog2017 (3) TMI 1125X X X X Extracts X X X X X X X X Extracts X X X X ..... o. OIA-VAD-EXCUS-001-APP-380-14-15 dated 03/09/2014 passed by Commissioner of Central Excise, Customs and Service Tax-Vadodara. 2. Briefly stated the facts of the case are that the appellant are engaged in the manufacture of excisable goods falling under Chapters 72, 73 and 84 of CETA, 1985. The appellant had availed benefit of SSI exemption Notification No. 08/2003-CE dated 01.03.2008 during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against 24 invoices as on 03.12.2009 in their CENVAT Registers, on crossing the exemption limit of Rs. 150 lakhs as per Notification No. 8/2003CE dated 01.03.2008, as amended. He has submitted that all these inputs were lying in stock as on 03.12.2009 on which they availed the credit. It is his contention that the annexure to the ER-1 Return filed under Rule 7 of the Central Excise Rules, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.03.2008, correctly availed CENVAT credit on the inputs lying in stock in accordance with the provisions of Rule 3(2) of CCR, 2004. It is the contention of the appellant that as on 03.12.2009 they have stock of inputs which were subsequently utilized in the manufacture of dutiable product, hence, the credit has been rightly availed by them on the said stock of inputs. To prove their aforesaid cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot in stock as on 03.12.2009. Also, I find that at the end of the month alongwith the periodical ER-1 Return, the appellant had filed a statement disclosing list of 41 invoices against which they availed CENVAT credit during the month of December 2009. In the said list, the invoices at Sr. No. 1 to 24 relate to the inputs lying in stock, which the department has disputed. In these circumstances, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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