9911796707
TMI Blog2010 (11) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... puts work in progress lying in their stock and on the date of cross of SSI exemption limit. Accordingly, the appellant is entitled for credit on the inputs containing in work in progress and inputs containing in finished goods. The only dispute remains how much of the inputs gone in work in progress and how much inputs containing in the finished goods. For this aspect, the matter needs further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Notification No. 8/03-C.E. dt. 1-3-03. 2. The brief facts of the case are that the appellant was claiming SSI exemption under Notification No. 8/03-C.E. On 9-10-07, the appellant informed to the department that they are going cross limit of SSI exemption on 11-10-07. Accordingly, they started maintaining statutory records as per Central Excise Rules and claimed the credit on the inputs lying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute that as per Rule 3(2) of Cenvat Credit Rules, 2004, the appellant is entitled to claim credit on the inputs gone in process and inputs containing in finished goods. Mere the appellant was not maintaining any records utilizing of their inputs credit cannot be denied on the inputs gone in process and inputs containing in finished goods. 3. On the other hand, learned SDR submitted that in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntaining in work in progress and inputs containing in finished goods. The only dispute remains how much of the inputs gone in work in progress and how much inputs containing in the finished goods. For this aspect, the matter needs further examination by the adjudicating authority. Hence, the mater is sent back to the adjudicating authority to ascertain the quantity of inputs by applying the formul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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