9911796707
TMI Blog2007 (8) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order]. - Heard both the sides and perused the records. 2. The Revenue filed this appeal against the impugned order. 3. The respondent is engaged in the manufacture of synthetic yarn out of fibre. The respondent was availing credit of the Additional Duties of Excise (ADE). The Additional Duties of Excise (Textiles and Textile Articles) was exempted vide Notification No. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Advocate on behalf of the respondent submits that the Central Board of Excise and Customs vide Circular dated 22-3-2007 clarified the refund of any credit on Additional Duties of Excise. He reiterates the findings of the Commissioner (Appeals). 6. After hearing both the sides and on perusal of the records, I find that the Commissioner (Appeals) allowed the refund claim following the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... product is exempted from duty of excise leviable thereon under Section 3 of the Central Excise Act, 1944. If the final product is not chargeable to AED, it cannot be said that the final product is exempted from basic excise duty. Further, the condition relating to the restriction on the utilization of such credit lays down that the credit taken of AED (T TA) can be utilized only for the payment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stock on 9-7-2004 cleared for export of goods. The Board has clarified that such un-utilized credit can be claimed under Cenvat Credit Rules for export of goods. Therefore, I do not find any reason to interfere the order of the Commissioner (Appeals). Accordingly, the appeals filed by the Revenue are rejected. (Order dictated and pronounced in the open Court on 21-8-2007) - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
