TMI Blog2015 (10) TMI 2650X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot be taken away due to the rescision of the notification - appeal allowed - decided in favor of appellant. - Ex. Appeal No. 1801/06 - - - Dated:- 28-10-2015 - Mr. Anil Choudhary, Member (Judicial) Shri Bipin Garg, Adv. for the Appellant Shri V. K. Shastri, A.C. (A.R.) for the Department ORDER Per Mr. Anil Choudhary The Appellant, M/s Rattan Vanaspati Ltd., is in Appeal against Order-in-Appeal No. 31-CE/MRT-II/2006 dated 22.02.2006 passed by Commissioner of Central Excise (Appeals), Meerut II. 2. Brief facts are that the appellants are engaged in the manufacture of vegetable products falling under chapter 15 of Central Excise Tariff Act, 1985. The appellant was availing benefit of money credit scheme as per pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lized at the time of the rescinding of scheme on 23/7/1996. It appeared to revenue that the appellant cannot take and/or utilized the credit lying with them as on 1/3/2003 and the same had lapsed. As the appellant had availed or utilized Cenvat credit of the the said balance to the tune of ₹ 18,05,056/- vide show was notice dated 16/4/04 the appellant was required to show was as to why the amount of credit so debited from the lapse credit may not be demanded from them under section 11 A and further penalty was proposed under Rule 25, for violation of rule 4 and rule 8 of Central Excise Rules along with interest. The appellant contested the show cause notice by filing reply to the effect that the credit taken legally gives vested right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the money credit in terms of the notification and the money credit scheme. It was held that credit would not lapse and manufacturer is entitled to use the same in future. The Honourable High Court also referred to the ruling of the Apex Court in the case of Commissioner versus Rasoi Ltd 2005 (185) ELT A170 wherein under similar facts and similar money credit scheme it was held by the Honourable High Court that the manufacturer is entitled to utilize the money credit lying in their RG 23B. The said desition was confirmed by Honourable Supreme Court reported at 2005 (18) ELT A170. Accordingly the ld. Counsel prays for allowing the appeal with consequential benefit including utilization of any balance credit which could not be utilized due to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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