2007 (6) TMI 206

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..... ished goods - since inputs are still lying in the factory and not removed from factory, reversal of credit sought on above ground is not justified – revenue’s appeal is rejected - E/1521/2006 - A/910/2007-WZB/C-IV/(SMB), - Dated:- 18-6-2007 - Shri M.V. Ravindran, Member (J) Shri S.N. Prasad, SDR, for the Appellant. Shri V.B. Gaikwad, Advocate, for the Respondent. [Order]. - This .....

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..... f the respondent has to be allowed on the following finding :- "I find that since the value of some goods were written off from the books of accounts, it has been presumed that they will not be used in the factory. I do not find this presumption to be correct as the inputs etc. even if written off can still be used and there is no time limit provided in law for consumption of these goods. Credit .....

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..... v. CCE, Nashik -2004 (178) E.L.T. 988 (Tri.-Mum) and Commissioner of Central Excise, Indore v. Kinetic Motors Co. Ltd., 2005 (183) E.L.T. 300 (Tri-Del.) also supports the appellants case". 4. It can be noticed from the above re-produced findings that the ld. Commissioner (Appeals), has correctly followed the law as settled by the series of judgments of Division Bench of this Tribunal. .....

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