TMI Blog2018 (9) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... ant have reversed the credit on fortnightly basis. It is also observed that the credit which was supposed to be reversed, against which the Cenvat credit balance was much higher than the credit reversed. Therefore, prima-facie, the appellant has reversed the credit without utilization of the same, in terms of Rule 6, sub-clause (7). Hon'ble Supreme Court in the case of Commissioner vs. Bombay D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Per: Ramesh Nair The brief facts of the case are that appellant are engaged in the manufacture of PPMF Yarn, Sewing Thread and Narrow Woven Fabrics and other goods which are dutiable. However, PPMF Yarn manufactured by the appellant are fully exempt from payment of duty vide Notification No. 30/2004-CE dated 09.07.2004, subject to condition that no Cenvat credit is availed on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n credit much more than the Cenvat credit reversible during the relevant period. Therefore, they reversed the credit without utilization of the same. He submits that they are entitled for the exemption Notification No. 30/2004-CE. 3. Shri Amit Kumar Mishra, ld. Deputy Commissioner (AR) reiterated the findings of the impugned order. 4. On careful consideration of the submissions made by both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve not verified the regarding the non-utilisation of Cenvat credit and reversal of credit on fortnightly basis, therefore, only for that purpose, the matter needs to be remanded. It is viewed that the appellant have reversed the credit even after clearance of the goods and without utilization of the same, they are entitled for the Notification No. 30/2004-CE dated 09.07.2004. Accordingly, the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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