2014 (11) TMI 327

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..... duty paid is more than the credit taken. Consequently, the impugned order confirming the demand fails - Decided in favour of assssee.
P R Chandrasekharan and Anil Choudhary, JJ. For the Appellant : Shri V S Sejpal, Adv. For the Respondent : Shri D D Joshi, Supdt. (AR) JUDGEMENT Per: P R Chandrasekharan: The appeal arises from of Order-in-Appeal No. P-I/160/05 dated 10.3.2005 passed by the Commissioner of Central Excise (Appeals), Pune-I. Vide the impugned order, a duty demand of ₹ 14,27,138/- has been confirmed against the appellant M/s Panchsheel Filters Pvt. Ltd. along with interest thereon and also imposing equivalent amount of penalty by denying the CENVAT Credit holding that the activity undertaken by the appellant on th .....

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..... ams); (ii) Bolting cloth; Section-XI 380 Chapter -59 (iii) Straining cloth of a kind used in oil presses or the like, of textile material or of human hair; (iv) Flat woven textile fabrics with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or for other technical purposes; (v) Textile fabrics reinforced with metal, of a kind used for technical purposes; (vi) Cords, braids and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing or lubricating materials; (b) textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes [for example, textile fabrics and felts, endless or fitted with linking .....

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..... rat in the case of Creative Enterprises - 2009 (235) ELT 785 (Guj) and affirmed by the Hon'ble Apex Court reported in 2009 (243) ELT A120 (SC). He has also relies upon the Hon'ble Apex Court's decision in the case of Narmada Chematur Pharmaceuticals Ltd. - 2005 (179) ELT 276 (SC) wherein it was held that when amount of CENVAT/MODVAT Credit wrongly availed is exactly equivalent to the amount of excise duty paid by not availing the exemption, the consequence would be revenue neutral and, therefore, there is no need to reverse any credit. He also submits that these decisions have been followed by the Tribunal in the case of Colour Roof (India) Ltd. - 2014-TIOL-628-CESTAT-MUM and other cases also. 2.2 The learned Counsel also submi .....

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