2006 (12) TMI 433

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..... against the order of the Commissioner (Appeals) No. VP/252/SRT-I/2005 dated 17-6-2005. 2. Heard both sides. 3. The appellant is a registered dealer; he has been dealing with the grey fabrics; Cenvat scheme was introduced on the textile as on 1-4-2003; provision relating to Cenvat credit on inputs lying in stock as inputs as such and inputs contained in semi-finished goods, under process were .....

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..... at the term input has been defined under Rule 2(g) of the Cenvat Credit Rules, 2002 which makes it clear that in this case, the man-made grey fabrics cannot be treated as inputs in the hands of the dealers. 5. Learned advocate contends that the term input has to be appreciated in the context of next user to whom they are passing on the goods as well as the credit available. He also submits t .....

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..... e products in the hands of intermediary, in this case, the dealer? Before answering this, it is to be understood that it is not always necessary that this grey fabric should pass through the hands of the dealer. If the processor has purchased directly from the manufacturer of grey fabrics, the grey fabrics purchased will be undoubtedly and undisputedly an inputs in the hands of the processor. The .....

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