TMI Blog2017 (3) TMI 1625X X X X Extracts X X X X X X X X Extracts X X X X ..... of input/input in process and input contained in final product lying in stock as on 31-3-2003 in respect of deemed credit, no documents are required - in the present case even certain documents were prepared by the respondent, the same does not violate any condition of Rule 9A(2) - entire credit of stock lying as on 31-3-2003 is available to the respondent whether it is taken in piecemeal or in on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit on their own documents and took the credit in piece-meal. Being aggrieved by the Order-in-Original, respondent filed appeal before the Commissioner (Appeals) therefore Revenue is before me. 3. Shri Ashutosh Nath, ld. Asstt. Commissioner (AR) appearing on behalf of the Revenue appellant submits that respondent have availed credit on the stock as on 31-3-2003 in piecemeal on the basis of thei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntire basis is without any support of legal provisions. 5. I have carefully considered the submissions made by both sides and perused the record. 6. I find that the issue involved is of deemed credit in terms of Rule 9A(2) of Cenvat Credit Rules, 2004 which reads as under : Rule 9A. Transitional provisions for Textile and Textile Articles. - (2) Notwithstanding anything contain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per the rate prescribed on the stock of input/input in process and input contained in final product lying in stock as on 31-3-2003 in respect of deemed credit, no documents are required. Therefore in the present case even certain documents were prepared by the respondent, the same does not violate any condition of Rule 9A(2). Secondly entire credit of stock lying as on 31-3-2003 is available to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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