TMI Blog2017 (4) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... 2007 - Order No. A/10734/2017 - Dated:- 27-3-2017 - Dr. D. M. Misra, Hon ble Member (Judicial) And Mr. Raju, Hon ble Member (Technical) For Appellant : Shri L. Patra, AR For Respondent : None ORDER Per Dr. D. M. Misra None present for the Respondent. Heard the ld. A.R. for Revenue 2. This is an appeal filed by the Revenue against order-in-appeal 148/2007 (Ahd-I) passed by the Commissioner of Central Excise (Appeals), Ahmedabad-I. 3. Briefly stated the facts of the case are that the respondent was manufacturer of Man Made Fabrics (MMF) falling under Chapter 54 and 55 of Central Excise Tariff Act, 1985. In the manufacture of excisable goods, the Respondent had used inputs viz., Dyes, Chemicals Packing material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also gone through the orders passed by the authorities below. Though there is not much discussion in the order of the Tribunal, the learned Commissioner of Central Excise, has discussed the entire issue at great length. After discussing about the relevant provisions contained in the notifications, rules and submissions of the assessee s representative, the Commissioner of Central Excise has decided the matter against the assessee only on the ground that manufacturer had not maintained separate books of accounts for the goods availing of the benefit of Notification No. 29 of 2004 and for the goods availing of the benefit of Notification No. 30 of 2004. He has further observed that the circular does not speak of final goods or inputs, but, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds which are exempt from duty and it is not reasonably possible to segregate inputs utilised in manufacture of the dutiable final products from the final products which are exempt from duty. Based on this, the Court held that the manufacturer may take credit of duty paid on all the inputs used in the manufacture of final products on which duty will have to be paid and in view of this clarification by the Department, the Court saw no reason that why the assessee should not make a debit entry in the credit account before removal of the exempted final product and hence, it cannot be said that the assessee has taken credit for the duty paid on the inputs utilised in the manufacture of the final exempted product under Rule 57A. The Court, theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t credit amounts to non-taking of credit on the inputs. Hence, the benefit has to be given of the notification granting exemption/rate of duty on the final products since the reversal of credit on the input was done at the Tribunal s stage. While arriving at this conclusion, the Allahabad High Court has referred to various judgments under which such reversal was made subsequently and still the benefit was given to the assessee. 8. Since the Tribunal has correctly applied the law laid down by the Honourable Supreme Court and the issue is well settled, we are of the view that no question of law, much less any substantial question of law, arises out of the order of the Tribunal and hence, all the three appeals are, accordingly, dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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