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TMI Blog2013 (11) TMI 1171X X X X Extracts X X X X X X X X Extracts X X X X ..... orage – Held that:- The affidavit filed by the appellant in pursuance of the directions of the Tribunal clearly states that the appellant have already reversed the entire cenvat credit taken by them in respect of the quantity of molasses which was used in the manufacture of exempted final products including the exempted final products, which got evaporated or lost during storage - appellant have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the exempted final products and to that extent, the molasses used in the manufacture of the exempted final products, which are lost during storage, the appellant would not be eligible for cenvat credit. On this basis, cenvat credit demands totaling Rs.74,615/- were raised. Subsequently, the jurisdictional Asstt. Commissioner confirmed those demands along with interest and imposed penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge. In view of this plea of the appellant, when this stay application had come-up for hearing earlier on 26.3.2012, the bench had directed the appellant to file an affidavit in this regard which has now been filed. Accordingly, the stay application is heard again today. 4. Ms. Bhoomika Verma, ld. Counsel for the appellant, pleaded that as has been clearly stated in para-5 of the Affidavit , the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve considered the submissions from both the sides and perused the records. 7. The Cenvat credit demand raised by the department is in respect of the quantity of molasses which was used in the manufacture of exempted final products rectified spirit, ENA and power alcohol, which were lost during storage. However, the affidavit filed by the appellant in pursuance of the directions of the Tribunal c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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