TMI Blog2009 (2) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... assessees are not sustainable. The appeals filed by Revenue are dismissed. The appeals of the assessees and cross-objections filed by M/s. Shalom Garments (P) Ltd. are allowed with consequential relief. - E/68, 91, 69 and 90/2007/MAS - 140-143/2009 - Dated:- 4-2-2009 - Shri P. Karthikeyan, Member (T) None, for the Appellant. Shri N.J. Kumaresh, SDR, for the Respondent. [Order]. - Assessees are manufacturers of ready-made garments. They operated under the CENVAT scheme and had availed input credit on inputs. On 9-7-04, their final products, namely, ready-made garments, were exempted from payment of excise duty. On 9-7-04, both the appellants had stock of final products, inputs as well as inputs at various stages of product ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quested for decision of the dispute on merits. In the appeals of the assessees and cross-objections filed by M/s. Shalom Garments, they have submitted that the dispute involved stands decided in their favour by a decision of the Larger Bench of this Tribunal in the case of H.M.T. v. CCE, Panchkula [2008 (232) E.L.T. 217 (Tri.-LB)]. The assessees are not represented. 3. Ld. SDR representing Revenue submits that the appeal of the Revenue are supported by the judgments of the Apex Court in Amrit Paper v. CCE, Ludhiana [2006 (200) E.L.T. 365 (S.C.) = 2008 (12) S.T.R. 536 (S.C.)] and the High Court of Allahabad in Super Cassettes Industries Ltd. v. UOI [1997 (94) E.L.T. 302 (Allh.)]. 4. I have carefully considered the facts o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is to say, it is not as if credit can be taken only on a final product that is manufactured out of the particular raw material to which the credit is related. The credit may be taken against the excise duty on a final product manufactured on the very day that it becomes available." The Hon'ble High Court of Allahabad had held in Super Cassettes Industries Ltd. case (supra) that a manufacturer was not entitled to credit relatable to finished goods pending clearance and inputs including inputs at different stages of manufacture when the final products became exempt. Hon'ble High Court of Kerala took a view consistent with that held by Hon'ble Supreme Court in Dai Ichi Karkaria Ltd. case (supra) in its judgment in CCE, Cochin v. Premier ..... X X X X Extracts X X X X X X X X Extracts X X X X
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