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TMI Blog2010 (8) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... eld against the assessee on the basis of the two circulars issued by the Board, which according to the learned adjudicator are binding on him, in preference to the judicial pronouncements made by the Tribunal. The judgment of the Hon’ble Supreme Court in the case of Ranadey Micronutrients [1996 -TMI - 44319 - SUPREME COURT OF INDIA] and Green Chemicals, clarified that whereas the circular issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts are engaged in the manufacture of various items falling under Chapter 85 of the Central Excise Tariff Act and were availing the benefit of modvat credit in respect of the inputs used by them. 2. Scrutiny of the appellant s balance sheet revealed that the value of the closing stock of raw material, work in progress and finished goods were indicated as arrived at after considering raw material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecause they have written-off the same in their books of account as long as the inputs are still lying in the factory. The noticee submitted a copy of CESTAT, New Delhi s order No. E/A No. 4822/04-NB(B) Final Order No. 84/05-B) dated 10-1-2005 which in turn is based upon earlier Tribunal s decision in the case of Bharat Heavy Electricals Ltd. v. CCE, Bangalore - [2002 (50) RLT 208] and M/s. Hindust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nutrients v. Collector of Central Excise - 2002 TIOL-184-S.C.-CX. and Collector of Central Excise Vadodara v. Dhiren Chemical Industries - 2002 TIOL--83-SC-CX Board s Circulars are binding upon the officers of the Department. Therefore going by the above Circulars I hold that M/s. Tata Telecom Ltd. (now M/s. Avaya Global Connect) are liable to reverse the Cenvat credit on the inputs which are writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fit of the same is required to be extended to the assessee in spite of the declaration of law to the contrary. It cannot be said that where the appellate orders are in favour of the assesses, the same have to be ignored in preference to Board s circular and the Commissioner is duty bound to follow the Board s circular. In as much as it is not disputed that the various Tribunal orders as, quoted ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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