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TMI Blog2014 (5) TMI 795X X X X Extracts X X X X X X X X Extracts X X X X ..... tion an assessee is entitled to avail the Cenvat credit of duty paid on the inputs. The said Cenvat credit is required to be first exhausted for payment of duty on the final product and thereafter the balance duty on the final product is to be paid out of the PLA. The duty paid out of PLA is subsequently refunded to the manufacturer. The said mechanism of payment of duty first by exhausting the cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e raw material and imposing penalty. Accordingly, the impugned orders are set aside - Decided in favour of assessee. - Appeal No. E/4029/2010-EX(SM), Appeal No. E/825/2011/EX(SM) - Final Order No.52084-52085/2014 - Dated:- 9-5-2014 - Ms. Archana Wadhwa, J. For the Appellant : Shri Sanjay Malhotra, C.A. For the Respondent : Shri B.B. Sharma, A.R. JUDGEMENT Per Archana Wadhw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her raw materials etc. were found to be much on the lower side. 3. The lower authorities by observing that the appellants did not follow the procedure as per the provisions of Rule 4(5) of Central Excise, 2004 for sending the cenvatable raw material to the job worker, for conversion, held that the shortage of the raw material is established and the appellant is liable to reverse the credit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the PLA duty amounts to exemption to an assessee located in the area of Jammu Kashmir. The entire situation is Revenue neutral and no assessee would get benefitted by indulging into clandestine activity. 5. Apart from above, I find that if the Revenue is directing an assessee to reverse the Cenvat credit,, he will have to pay more duty on its final product, out of the PLA and would be entit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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