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TMI Blog2005 (3) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order per : Krishna Kumar, Member (J)] Heard both sides. 2. The ld. Counsel for the appellant inter alia submitted as under :- (i) that reversal of credit, before clearance of exempt goods (disposable cups etc.), gets evidenced from SCNs itself. (ii) that Chartered Accountant s certificate dated 24-5-2004, certifying the reversal of proportionate credit on gran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mption under Notfn. 14/92 and 15/94, in spite of reversal of credit, is not permissible. As against this confirmation of demand is on the ground that there is no evidence of reversal of such credit before clearances of goods and hence, order traversing beyond the scope of SCN is not sustainable. (vi) that reversal of credit attributable to the inputs used in the manufacture of exempt disposabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and CBEC Circular, dated 10-4-1986; (ix) that ld. Additional Commissioner s claim of getting a verification report from JRO vide his letter dated 23-3-2004 cannot be an evidence to hold against them in a case where the fact of reversal of credit attributable to inputs used in the manufacture of exempt goods is evidenced as reflected in central excise invoices, RG-I,. RG-23A Part II, RT-12s ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v) that demand covered under SCN dated 2-5-1997 is barred by limitation, in view of every factual position within the knowledge of the Dept; (xv) that, when exemption available on merits, imposition of penalty is not sustainable; (xvi) that, without prejudice, duty has to be recomputed by giving the effect of cum-duty concept and allowing the Modvat of the credit reversed. 3. The ld. Counse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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