9911796707
TMI Blog2008 (12) TMI 563X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent engaged in manufacture of excisable goods falling under Chapter 28 & 29 of the Central Excise Tariff, in their factory received soda ash from their manufacturing unit situated at Hyderabad and availed Cenvat credit amounting to Rs. 7,32,354/-. The Revenue seeks to deny this credit invoking the provisions of Rule 57AE of the erstwhile Central Excise Rules, 1944 and Rule 7(4) of the erstw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleaded that from a reading of Rule 57AE(3) of Central Excise Rules, 1944 upto June 2001 and thereafter Rule 7(4) of the Cenvat Credit Rules, 2001/2002, it is clear that Cenvat credit is available only in respect of those duty paid inputs which have been acquired by a manufacturer by purchase and it is not available if the inputs have been received on stock transfer basis. 3. I have careful ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed to take credit of the duty of excise specified in 1st Schedule to Central Excise Tariff Act, duty of excise specified in second schedule to the Central Excise Tariff Act. Additional duty of excise leviable Section 3 of Additional Duties of Excise (Textile and Textile Articles) Act, Additional Excise duty, leviable under Additional Duties of Excise (Goods of Special Importance) Act, 1957 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posal and consumption of the inputs and capital goods purchased, in respect of which Cenvat credit has been taken from the use of the word - "purchase", in this Rule, it cannot be concluded that the inputs or capital goods have to be acquired by a manufacture only by purchase, for taking the Cenvat credit. There is no such condition in Rule 57AB of Central Excise Rules, 1944 and corresponding prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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