9911796707
TMI Blog2011 (4) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... r the manufacture of Ethyl Alcohol for manufacturer, who denatured the Ethyl Alcohol by using Acetone for the appellant and therefore, the CENVAT credit was not available to the appellants - Since, the very same issue had been considered by the Tribunal in the case of Laxmi Organics Industries Ltd., which was subsequently upheld by the Hon'ble Bombay High Court - Further, he also contended that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under the said Act and the Rules made there under. The appellants have been granted a licence in For D.S.V. under the Bombay Denatured Spirit Rules, 1959 for use of Specially Denatured Ethyl Alcohol in the manufacture of Ethylene Glycol. Specially Denatured Ethyl Alcohol is obtained by mixing/blending of Special Denaturant with Ethyl Alcohol. Acetone is one such Special Denaturant. The appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it Rules, 2004 for the purpose of blending/mixing with Ethyl Alcohol and the denatured Ethyl Alcohol containing the duty paid Acetone is received by the appellants in their factory and used in the manufacture of Ethylene Glycol which is cleared on payment of duty. The appellant intimated the Assistant Commissioner about the movement of the duty paid Acetone under the Rule 4(5) of the Cenvat Credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 004 read with Section 11AC of Central Excise Act, 1944 equal to the duty demanded has also been imposed. 3. The learned Counsel for the appellants submitted that the very same issue had been considered by the Tribunal in the case of Laxmi Organics Industries Ltd., which was subsequently upheld by the Hon'ble Bombay High Court. Further, he also contended that this has a revenue neutral situatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 4(5) of Cenvat Credit Rules etc. in view of the fact that we find that exactly similar issue was considered by the Tribunal in the case of Laxmi Organics Inds. Ltd. cited above, which has been upheld by the Hon'ble High Court of Bombay. In view of the decision of the Hon'ble High Court of Mumbai, which is binding on this Tribunal, we do not consider it necessary to go into the details and allow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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