9911796707
TMI Blog2011 (5) TMI 767X X X X Extracts X X X X X X X X Extracts X X X X ..... eal filed by the Revenue is dismissed [Grasim Industries(2006 - TMI - 1062 - CESTAT,NEW DELHI)] - E//707/09 - Mum - - - Dated:- 4-5-2011 - Shri Ashok Jindal,J. Appearance Shri Kishori Lal, SDR for Appellant Per : Ashok Jindal This appeal is filed by the Revenue against the impugned order wherein the order confirming the demand of CENVAT credit alongwith interest on input ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... VAT credit on inputs gone in manufacturing of semi finished goods and finished goods. Aggrieved by the same, the Revenue is in appeal. 3. Shri Kishori Lal, learned DR for the Revenue submitted that as per the Board Circular No. 800/33/2004-CX dated 01.10.2004, the credit on excise duty paid on inputs used in manufacturing of finished goods on which duty has been remitted due to damage or destr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral and written submissions made by the appellants. The appeal is filed on two counts, namely, the reversal of CENVAT Credit of Rs. 31,895/- in respect of inputs contained in finished goods and secondly, reversal of CENVAT Credit in respect of the raw materials contained in semi finished goods (WIP). I first take up the issue of reversal of CENVAT Credit on inputs contained in the finished goods. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) vide order dated 7.8.2006 it was held by the Larger Bench that- "No condition regarding reversal of credit taken in respect of inputs used in such destroyed goods provided under Rule 49 of erstwhile Central Excise Rules, 1944 and Rule 21 of Central Excise rules, 2002, credit not to be reversed." Following the ratio of the decision in the case of Grasim Industries, I hold that the impugned ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble. 5. In view of the above, the impugned order is modified deleting the conditions at a), c) and d) and the appeal is allowed." 5. I have gone through the findings of the lower appellate authority and found that the decision has been taken by the lower appellate authority following the Larger Bench decision of this Tribunal in the case of 'Grasim Industries (supra', wherein the larger ben ..... X X X X Extracts X X X X X X X X Extracts X X X X
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