9911796707
TMI Blog2014 (10) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... ty free till 31.03.2003 and the same was made chargeable to excise duty from 01.04.2003. Therefore, as per Rule 9A of CENVAT Credit Rules, 2002, the transitional provisions for availment of CENVAT Credit for textile article were introduced. The appellants filed declaration with the Central Excise department on 23.05.2003 and 03.06.2003 claiming one time deemed CENVAT credit of Rs. 41,48,337/- showing that the appellants are having a stock of 11,15,825 LMts of grey and processed fabrics as on 31.03.2003 in terms of Notification 35/2003-CE dated 10.04.2003. The said declaration was filed by the appellants in terms of Rule 9A(2) of the CENVAT Credit Rules, 2002 to avail deemed credit on the grey fabrics lying in their factory as on 31.03.2003. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted by the department at the end of the suppliers as the appellants have not taken CENVAT Credit on the basis of invoices issued by the suppliers. Therefore, the impugned proceedings are to be set aside and consequently, the impugned order is to be set aside. 5. On the other hand, the learned A.R. submits that in this case the suppliers were found to be non-existence or they have stated that they have not supplied the fabrics to the appellants. Therefore, the proceedings have been rightly initiated against the appellants. 6. Considered the submissions made by both the sides and perused the records. 7. After going through the facts of the case, I find that in this case duty on the fabrics was introduced with effect from 01.04.2003 and Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-rule shall exclude quantity of stock declared under sub-rule (1)." Ongoing through the above provisions, it is clear that to avail Cenvat Credit on the fabrics lying in stock on 31.03.2003, the appellants were not required to produce any documentary evidence of duty paid on the fabrics as per Rule 9A(2) of the CENVAT Credit Rules, 2002. In this case, it is admitted that the appellants have taken the CENVAT Credit on the stock of fabrics lying in their factory on 31.03.2003 as per Rule 9A(2) of Cenvat Credit Rules, 2002 and Notification No. 35/2003 dated 10.04.2003. Therefore, the appellants were not required to produce any documents or the details of the suppliers of the fabrics. In these set of facts no investigation at the end of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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