2010 (4) TMI 419

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..... ted availing full exemption on the final products manufactured by them under Notification No. 30/2004-C.E. dated 9-7-2004. The Assistant Commissioner appropriated this amount with interest of Rs. 27,330/- while sanctioning rebate of Rs. 5,60,363/- to the respondents on the ground that respondents are ineligible to take the Cenvat Credit after opting full exemption under Notification No. 30/2004-C. .....

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..... nt could arise. In view of the above discussions, there is no merit in the appeal filed by the Revenue and accordingly, reject the same.
Shri B.S.V. Murthy, Member (T) REPRESENTED BY: Ms. Sudha Koka, SDR, for the Appellant. None, for the Respondent. [Order]. - The respondents had Cenvat credit of Rs. 4,38,483/- in the Cenvat credit account as on 11-7-2006, the day on which they started avail .....

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..... 99 (Tri.-Bang.). Revenue is in appeal against this decision. 2. No one is present on behalf of the respondent. Heard the learned SDR. She submitted that as per the decision of the Tribunal in the case of Raghuvar (India) Ltd. v. CCE, Delhi - 2002 (140) E.L.T. 280 (Tri.-LB) and Tractors and Farm Equipment Ltd. v. CCE, Madurai - 2007 (212) E.L.T. 223 (Tri.-Chennai), the appellants were required to .....

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..... t support the case of the Revenue that the Cenvat credit lying in stock unutilized can be recovered by the Revenue. There is a difference between reversal and recovery. When the amount is recovered, the assessee would be required to pay the amount in cash or as in the present case, the cash available to him in the form of credit would no longer be available. In the case of Tractors and Farm Equipm .....

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..... ng Authority had adjusted the amount lying in the Cenvat credit account while sanctioning the refund without any issue of show cause notice. The provisions of Section 11 of Central Excise Act, 1944 empower the officers to adjust the amounts which are due to the Department. Therefore, it was necessary for the original Adjudicating Authority to hold that the Cenvat credit lying in the books of accou .....

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