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TMI Blog2012 (8) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... ed:- 19-7-2012 - Mr. M.V. Ravindran, Mr. B.S.V. Murthy, JJ. For Appellant : Shri Paritosh Gupta, Adv For Respondent : Shri S.T. Gurshani, A.R. Per : Mr. M.V. Ravindran; This appeal is directed against the order in appeal No.136/2006(Ahd-I), dt.20.07.06. 2. The brief facts that arise for consideration are as stipulated in Sub-rule (5) (b) of Rule 9 of Cenvat Credit Rules, 2002, the manufacturer who has made declaration of the goods lying in stock on 31.03.03 and has availed credit in terms of provision contained in this Rule on or before 30.04.03, he shall make a declaration afresh, of the stock of the said goods lying as on 1.04.03 and upon making such declaration he shall be entitled to take the credit and furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... declaration for the stocks available with him and at least that much credit should have been allowed but both the lower authorities have denied them entire credit of the duty paid on stocks lying in their hand as on 31.03.03. It is his submission that there is no dispute that the appellant is eligible to avail the cenvat credit of the stocks of inputs lying with him as on 31.03.03. He would take us through various notifications. He would submit that this Bench in the case of Balkrishna Textile Mills in final order No.A/707/WZB/AHD/2011, dated 06.04.11 has held in favour of the assessee. 5. Ld. departmental representative on the other hand would submit that the appellant has not followed the procedures laid down for the purpose of availm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation filed by the appellant-assessee. We have to consider that the declaration made by the appellant on 29.04.03 as the final declaration and the Revenue Authorities should have at least allowed credit of the stocks as declared by him on 29.04.03. We find that this is the ratio of the judgment of this Bench in the case of Balkrishna Textile Mills. We reproduce the entire judgment. 9. It can be seen from the above reproduced judgment of this Bench that the issue is now squarely covered in favour of the assessee herein. 10. Accordingly for the foregoing reasons and judicial pronouncement, we find that the impugned order is not correct and liable to be set aside and we do so. The impugned order is set aside and the appeal is allowed w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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