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TMI Blog2024 (11) TMI 1125X X X X Extracts X X X X X X X X Extracts X X X X ..... Since involve common issue, there are taken up together for hearing and disposal. 2. Appellants are engaged in the manufacture of medicaments falling under Chapter 30 of Central Excise Tariff Act, (CETA), 1985. They also manufacture medicament on loan licence basis on behalf of the M/s. Glaxo Smithkline Pharmaceuticals Ltd. (2) M/s. Biddle Sawyer Ltd. and (3) M/s. Micro Labs Ltd. During the relevant period from November 2011 to July 2012 and September 2012 to March 2013, they had availed cenvat credit of Rs.2,18,34,861/- and Rs.1,37,51,602/- against endorsed Bill of Entry by the importers i.e., loan licensors M/s. Glaxo Smithkline Pharmaceuticals Ltd. (2) M/s. Biddle Sawyer Ltd. and (3) M/s. Micro Labs Ltd. who supply the raw materials to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the materials have been received in their factory and duly utilised in the manufacture of finished goods, a fact never disputed by the department even though specifically averred by them in their reply to the show-cause notice and also before the adjudicating authority. 4. The learned Authorised Representative for the Revenue reiterated the findings of the learned Commissioner. 5. We find that the short issue involved for consideration is, whether the appellants are entitled to avail cenvat credit on endorsed Bill of Entry sent along with the materials by the principal manufactures M/s. Glaxo Smithkline Pharmaceuticals Ltd. (2) M/s. Biddle Sawyer Ltd. and (3) M/s. Micro Labs Ltd. on loan licensee basis. 6. We find that in appellant's own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... packing which stand diverted to the respondent along with the signature of Customs officer. It is also seen that the demand was raised against the respondent based upon the objection by the audit, which objection was very strongly opposed by the Revenue itself. If that be so, we really fail to understand as to how the Revenue would be aggrieved with the present order of the Commissioner dropping the demand." 8. Therefore by following the ratio of the said decision, we are of the considered view that the impugned order denying the CENVAT credit only on the ground of endorsed Bill of Entry is not sustainable in law. Therefore, we set aside the impugned order and allow the appeal of the assessee with consequential relief, if any." 7. We f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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