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TMI Blog2013 (7) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant to reverse the CENVAT credit which was taken on the said materials by the appellant treating them as inputs – Held that:- Two essential conditions of CENVAT credit on inputs are that the duty-paid nature of the goods should be established and that the goods should be shown to have been used in the manufacture of the finished products (final Products) - Materials were rejected midway ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the first appeal, include an amount of Rs.1,34,634/- and, in the second appeal, include an amount of duty of Rs.80,960/-, which respectively represent the CENVAT credits denied to the appellant for the period March 2006 to March 2008 and March 2006 to January 2009. The CENVAT credits in question were denied on steel rounds, alloy steel rounds etc., which were fed into the manufacturing stream bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Addl. Commissioner (A.R.) refers to the provisions of Rule 3 of the CENVAT Credit Rules 2004 and submits that the materials not contained in the finished product cannot be recognized as inputs and that, if input duty credit is allowed, it would amount to undue benefit to the assessee who recovered the cost of such materials from the suppliers. 3. After hearing both sides, I have not found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istinguishable on facts. For instance, in the case of Titan Industries Ltd., the rejected components were cleared as scrap on payment of appropriate duty without prejudice to the revenue. On the other hand, in the instant case, there is no evidence of the rejected material having been cleared on payment of duty. On the other hand, it is an admitted fact that the cost of these materials was recover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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