9911796707
TMI Blog2009 (7) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... preme Court is liable to be recovered in cash under Section 11D of the Central Excise Act, 1944. Original authority disallowed the credit of Rs. 1,315/-. He also appropriated the amount of Rs. 27,445/- debited by the respondents on the goods exported in Government account. He further dropped the demand of interest. A penalty of Rs. 500/- was imposed under Rule 15 of Cenvat Credit Rules, 2004. Revenue filed appeal before the Commissioner (Appeals) which was rejected. Hence, Revenue filed this appeal. In the light of the various decisions held that- I find that the respondents used capital goods prior to 18-9-2003 and Cenvat credit lying in balance on 18-9-2003 is not disallowable and would not lapse. In view of the above discussion, I do not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue filed this appeal. 2. Learned D.R. on behalf of the Revenue reiterates the grounds of appeal. He submits that admittedly the respondents collected the amount of Rs. 27,445/- representing the duty in their invoice after passing of the order of the Hon'ble Supreme Court which is recoverable in cash under Section 11D of the Act. It is his contention that the said amount cannot be appropriated in Cenvat account. He further, submits that the original authority wrongly dropped the demand of Rs. 1,74,166/-, the respondents availed credit in their Cenvat account. It is contented that the Cenvat Credit of Rs. 1,74,166/- lying in balance as on 18-9-2006 is liable to be disallowed and the amount of Rs. 27,445/- utilized towards payment of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is finished little better. There is no manufacture of a new product." Thus in view of the judgment of the Supreme Court both the Appellants are not manufacturers and not liable to pay Central Excise duty on wires drawn out of wire rods. The provisions of Section 11D are applicable to only those persons who are liable to pay duty under the Central Excise Act or the Rules made thereunder. Other requirements mentioned in Section 11D is that the persons who have collected an amount in excess of the duty assessed or determined and paid on any excisable goods under the Act or the Rules, from the buyers representing in any manner duty of Excise, are required to pay the said amount to the credit of the Central Government. Both the requirements for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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