9911796707
TMI Blog2006 (2) TMI 553X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. [Order per : S.L. Peeran, Member (J)]. The Revenue is aggrieved with the OIA No. 28/2004, dated 31-3-2004 passed by the Commissioner of C CE (Appeals), Hyderabad, who has followed the Board s Circular No. F. 345/2/2000-TRU, dated 29-8-2000 and has upheld the claim of Cenvat credit in respect of Plastic Crates and Glass Bottles lying in balance as on 1-4-2000. The findings recorded b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, the manufacturer is entitled to take the CENVAT credit of this amount under Rule 57AG(1). On a careful perusal of the said clarification, it is evident that if the manufacturer fails to avail credit for some reason on the inputs received on or before 31-3-2000, they can avail the same as Cenvat credit as they could have earned the credit. Disallowance of Modvat/Cenvat in a deserved ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of interest is unwarranted and the same is set aside. Since I am setting aside the disallowance of CENVAT credit and collection of interest, no penalty is imposable on the appellants, I pass the following order. 2. The Revenue is aggrieved with this order and contend that the order is not legal and proper. It is submitted that the order is not legal and proper as the credit has not been earn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the date mentioned in the Circular and they were eligible to take the credit. 6. On a careful consideration and on perusal of the impugned order, we find the same to be legal and proper. The Commissioner is bound by the Board s Circular as the same is binding on her in terms of the Apex Court judgment cited by the learned Counsel. The SDR relied on the judgment in the case of Steel City Bevera ..... X X X X Extracts X X X X X X X X Extracts X X X X
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