2010 (9) TMI 1106 - AT - Central Excise

Summary

Issues involved: Appeal against rejection of refund claim on Cenvat credit u/s Notification No. 30/2004-CE dated 09.07.2004.

Summary:

Issue 1: Reversal of Cenvat credit on inputs post exemption notification

The appeal was filed by the Revenue against the Order-in-Appeal rejecting the refund claim of the assessee regarding the reversal of Cenvat credit on inputs, work-in-progress, and finished goods post exemption notification No. 30/2004-CE dated 09.07.2004. The Revenue contended that Cenvat credit availed on inputs consumed for dutiable finished goods should be reversed upon exemption. The assessee relied on Tribunal decisions in similar cases like H.M.T. Vs. CCE, Punchkula and Mardia Chemicals Ltd. Vs. CCE, Rajkot. The Tribunal found that the issue was identical to the Jaison Garments case and upheld the Order-in-Appeal based on the Tribunal's decision. The Revenue's appeal was rejected as the matter was pending before the High Court of Madras.

This summary provides a detailed overview of the legal judgment, highlighting the issues involved and the Tribunal's decision based on relevant legal principles and precedents.