9911796707
TMI Blog2013 (11) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... he circumstances under which duty paid goods were brought in and cleared are not cleared - Credit was taken on totally unrelated items which cannot be permissible under the provisions of Cenvat Credit Rules , 2004 - The issue would be dealt with in detail in final hearing of appeal – applicant directed to make a pre-deposit of Rupees Two lakhs – upon such submission rest of the duty to be waived t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that Cenvat credit could not be taken on items which did not qualify to be 'inputs' and, therefore, the Cenvat credit taken was irregular. For recovery of such irregular Cenvat credit, Revenue issued two show cause notices and on adjudication a demand for Rs.8,60,395/- is confirmed against the applicant along with interest and penalty. Aggrieved by the order of adjudication, the applicant fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner has totally ignored the amount deposited by them at the time of clearance of goods from the factory. Ld. advocate also relies upon the decision of the Punjab & Haryana Court in CCE Vs Rane NSK Steering Systems Ltd -2007 (218) ELT 354 (P&H) which dismissed an appeal filed by Revenue against the order of the Tribunal allowing Cenvat credit in such cases. His prayer is that appeal sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable fully. The circumstances under which duty paid goods were brought in and cleared are not cleared. It appears that Revenue had accepted the duty on the final products but were refusing to allow credit on the inputs used in for such activity. It appears that, in this particular case, credit was taken on totally unrelated items which cannot be permissible under the provisions of Cenvat Credit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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