9911796707
TMI Blog2014 (4) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... aggrieved with the order passed by the Commissioner (Appeals), Revenue has filed the present appeal. I have heard Shri D. Singh, Ld. Departmental Representative appearing for Revenue and Shri Hemant Bajaj, Ld. Advocate representing the respondents. 2. The respondents are engaged in the manufacture of excisable engineering goods. The procured certain free materials from their customers, for whom t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al by the Revenue. 4. The Revenue, in their Memo of Appeal, has referred to the provisions of Rule 57AE (3) of the Central Excise Rules, 1944, which lays down the procedure to be adopted for maintenance of the records. In the said Rule, the expression 'Purchased' stands used. As such, it is the contention of the Revenue that for availing the CENVAT credit on the inputs, the same must be 'purchase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble. I do not agree with this contention of the learned Departmental Representative. The relevant provision governing the Cenvat credit during the period of dispute was Rule 57AB of Central Excise Rule, 1944 and corresponding provision in the Cenvat Credit Rules, 2001/2002, according to which a manufacturer or producer of final product shall be allowed to take credit of the duty of excise specifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the relevant information regarding the value, duty paid, the person from whom the inputs or capital goods has been purchased has been recorded and the burden of proof regarding the admissibility of Cenvat credit shall lie on the manufacturer taking such credit. This provision is with regard to the maintenance of the records of receipt, disposal and consumption of the inputs and capital goods ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
