2006 (11) TMI 494

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..... DR, for the Respondent. [Order]. Heard both sides. 2. The appellants herein manufacture various Iron Steel products falling under Chapter 72 of the Central Excise Tariff Act, 1985. The appellants had availed the Cenvat credit on the basis of input invoices issued by one of M/s. Viraat Ispat Limited against 15 invoices during the period 23-5-2001 to 29-11-2001. 3. At the time of cle .....

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..... as, by the Commissioner of Central Excise (Appeals) that the appellant were not entitled to Rs. 4,12,625/- as Cenvat Credit shown payable but not paid by M/s. Viraat Ispat Limited after clearance of the said goods. The issue is no more res integra and well-settled by the Tribunal in the following case law :- (i) Prachi Poly Products Ltd. v. CCE, Raigad - 2005 (186) E.L.T. 100 (Tri. - Mum) .....

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..... ral Excise Rules, 2001 and above all the goods were received in their factory and used in the manufacture of final products. Hence under the bona fide belief that the duty shown as payable in the input excise invoices would be paid in the respective fortnight, the appellant had availed the Cenvat Credit. The appellants had paid the excise duty amount shown in the excise invoice to M/s. Viraat Is .....

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