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TMI Blog2012 (8) TMI 658X X X X Extracts X X X X X X X X Extracts X X X X ..... ance Act, 2010 - Held that:- We set aside the impugned order and remit back the matter to the Commissioner Adjudication for deciding the matter afresh after taking into account evidence relating to cenvat credit and also making assessment of interest payable. - Excise Appeal No.370 of 2005 - - - Dated:- 6-7-2012 - Mr.Justice Ajit Bharihoke, Mr.Rakesh Kumar, JJ. Present: Shri B.l.Narsim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and the dutiable. It was also found that the appellant had availed cenvat credit of duty paid under Rule 3 of Cenvat Credit Rules on the inputs used in or in relation to the manufacture of dutiable as well as the exempted final product. However, the appellant has neither maintained separate inventory or accounts for use of inputs in the manufacture of the respective categories nor paid an amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted final product. Thus the appellant availed the cenvat credit on the entire inputs as and when those were received in the unit. However, as and when the inputs were issued from the stock for production of the exempted products, an amount corresponding to the cenvat credit availed on those inputs was debited by the appellant in the cenvat credit account. Ld. Counsel submitted that there was no ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s; that the appellant had been regularly reversing the cenvat credit in relation to the inputs used for manufacture of exempted final product. As such, he is entitled to the benefit of the amendment brought in by the Finance Act, 2010. In support of this plea, ld. Counsel has relied upon the judgment of Gujarat High Court in the matter of Shree Rama Multi Tech Ltd. vs. UOI 2011 (267) ELT 153 (Guj. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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