9911796707
TMI Blog2010 (6) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in their. With the taking over of the unit, the credit of duty of Rs. 3,67,368/- as basic excise and of Rs. 4,757/- as education cess available with M/s. GTCL was also transferred to their accounts by the appellant. 2.On account of an audit objection raised by the Central Excise Audit, a show cause notice dated 23-6-08 was issued to the appellant proposing recovery of the Cenvat credit wrongly availed and imposition of penalty and recovery of interest etc. The said show cause notice was adjudicated confirming demand of duty of Rs. 3,81,581/- along with interest and imposing penalty of identical amount. An amount of Rs. 9,456/- was confirmed as wrongly availed credit on waste and scrap, on the ground that the same was not an input for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of surrendering registration certificate M/s. GTCL undertook to discharge all central excise dues against M/s. GTCL. The appellant is also ready to give an undertaking that any dues which may arise against M/s. GTCL in future, they are read to discharge the liability of the same. Learned advocate has also drawn my attention to the Tribunal's order in the case of Commissioner of Customs & Central Excise, Visakhapatnam v. Nagarjuna Agrichem Ltd. reported in 2008 (222) E.L.T. 232 (Tri. - Bang.) as also to another order of the Tribunal in the case of Henkel India Ltd. v. CCE, Chennai reported in 2009 (248) E.L.T. 816 (Tri.-Chennai) = 2009 (92) RLT 467 (CESTAT-Che .) laying down that credit is not to be disallowed when the old unit is taken o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the Revenue was not aware of the above facts, in which case the notice issued in 2008 is clearly barred by limitation. 7. A small amount of Rs. 9,456/- stands denied to the appellant on the ground that the credit has been availed on the waste and scrap which cannot be considered as an input for the appellant's final product. Apart from the fact that the lower authorities had nowhere discussed as to how the waste and scrap cannot be considered as an input, I find that the findings of limitation as arrived at in the preceding paragraph fully apply to the above denial of credit also. The cable waste of cut-lengths is being utilized and consumed by the appelant in their own factory in the manufacture of finished goods. The duty paid c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
