TMI Blog2019 (8) TMI 201X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004. Since the proposal of elapsing accumulated credit itself has been set aside, the utilization for the credit out of such accumulated credit cannot be questioned. Appeal allowed - decided in favor of appellant. - Excise Appeal No. 12827 of 2018 - A/11442/2019 - Dated:- 1-8-2019 - MR. RAMESH NAIR, MEMBER (JUDICIAL) Shri S.J. Vyas, Advocate for the Appellant Shri S.N. Gohil, Superintendent (AR) for the Respondent ORDER RAMESH NAIR : The brief facts of the case are that the appellant is engaged in the manufacture of Polyester Texturised Yarn falling under Chapter 60 of Central Excise Tariff Act, 1985. They were availing Cenvat credit of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apse and their utilization is also correct. In this position, since the present show cause notice is an off-shoot consequent to show cause notice dated 03.04.2012, the demand is not sustainable. 3. Shri S.N. Gohil, Ld. Superintendent (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. Heard both sides and perused the record. There is no dispute that present demand is out of accumulated credit balance as on 01.03.2007 for which the proceedings were initiated by issuing show cause notice dated 03.04.2012. The Tribunal vide order No. A/10640-10642/2019 dated 04.04.2019 held that the accumulated credit of ₹ 2,86,83,157/- was not lapsed by interpreting Rule 11 (3)(i) of Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018 (7) TMI 850 CESTAT Chennai and Sitaram India Ltd. 2018 (10) TMI 11 CESTAT New Delhi, the credit stands allowed to the manufacturer. 7. We, therefore, allow the appeals filed by both the Appellants with consequential reliefs, if any. Revenue s appeal being involved the amount less than ₹ 20Lacs is dismissed on the ground of Government s litigation policy instruction F.No. 390/Misc/116/2017-JC dated 11.07.2018. 5. Since the proposal of elapsing accumulated credit itself has been set aside, the utilization for the credit out of such accumulated credit cannot be questioned. Accordingly, the impugned order is set-aside and appeal is allowed. (Dictated and pronounced in the open court) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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