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TMI Blog2015 (1) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... CE dtd 9.7.2004 as amended specified ‘Nil’ rate of duty on the said finished goods and was operative at the material period - Held that:- Following decision of Arvind Mills Ltd [2014 (6) TMI 271 - CESTAT AHMEDABAD] - impugned order is liable to be set aside - Decided in favour of assessee. - Appeal No. : E/509/2011 - ORDER No. A/11656/2014 - Dated:- 8-9-2014 - Mr. M.V. Ravindran and Mr. H. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces of such finished goods, they have also availed Cenvat Credit in respect of the inputs, capital goods and input services used in the manufacture of the finished goods during the period from 07.12.08 to 06.07.09. However, it was observed that another Notification No. 58/08-CE dated 07.12.2008, amending the earlier Notification NO. 29/04-CE dated 09.07.2004, was simultaneously existing at the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 2(d) of the Cenvat Credit Rules, 2004, exempted goods include the goods which are chargeable to Nil rate of duty. It further appeared that the said assessee was required to reverse the Cenvat Credit involved on the inputs lying in their stock or in process of the finished goods or contained in finished goods lying in stock as on 07.12.08, as they were not eligible for such cenvat credit in acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the manufacture of finished goods and make payment of Central Excise Duty @ 4% advelorum as provided under Notification No. 59/2008/CE dtd 7.12.2008 when another Notification No. 29/2004 CE dtd 9.7.2004 as amended specified Nil rate of duty on the said finished goods and was operative at the material period. Both sides fairly submits that the issue involve in this case has been decided by thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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