9911796707
TMI Blog2023 (9) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant Shri S. Mukhopadhyay, Authorized Representative for the Respondent ORDER Per Ashok Jindal : Aggrieved from the impugned order, the appellant has filed this appeal. 2. The facts of the case are that the appellant is engaged in the manufacture of rubber products and availing the benefit of SSI exemption. 2.1 During the period from 31.03.2000 to 31.03.2004, the appellants have avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... process and finished goods and take such credit , which could be utilized for payment of duty on the finished goods. 2.5 Similarly, on reaching the end of financial year, when the appellant opted for the benefit of SSI exemption in the next financial year, the appellant was required to reverse the cenvat credit on input and those contained in works in process and finished goods as on 31st March ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rities that it would avail the benefit of modvat credit in respect of inputs. 2.8 In the month of July, 2004 during the time of Audit for the period 2002-03 and 2003-04, it was pointed out that the appellant was required to reversal of cenvat credit with reference to the stock at the time of opting SSI exemption and going into the exemption. 2.9 The appellants rectified their mistake by computin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant. 2.13 Against the said order, the appellant is before us. 3. The ld.Counsel for the appellant submits that on being pointed out by the Audit, the appellant has reversed the cenvat credit and paid interest thereon. Therefore, no show-cause notice has been issued to the appellant. Further, it is his contention that the show-cause notice is barred by limitation as during the course of Audit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with interest for intervening period. In that circumstances, there was no requirement to issue the show-cause notice to the appellant. 7. In that circumstances, we hold that the proceeding against the appellant is not sustainable. 8. Accordingly, the impugned order is set aside and the appeal is allowed by confirming reversal of cenvat credit by the appellant and the payment of interest thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X
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