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TMI Blog2015 (10) TMI 1787X X X X Extracts X X X X X X X X Extracts X X X X ..... and Joshi, Advocate, for the Appellant. Shri Rakesh Goyal, Addl. Commissioner (AR), for the Respondent. ORDER [Order per : Ashok Jindal, Member (J)]. - The appellants are in appeals against the impugned order wherein transitional credit was denied along with interest and penalties on both the appellants have also been imposed. 2. Brief facts of the case are that the main appellant is enga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cture of these finished goods lying in the stock under Rule 57H of Central Excise Rules, 1944. Revenue was of the view that as the finished goods were lying in their go-down and the same were cleared from their factory prior to 3-8-1998 therefore, they are not required to pay duty on these goods and when the appellants are not liable to pay duty on the finished goods they are not entitled for cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is also submitted that they have complied with the condition of Rule 57G and 57H of Central Excise Rules, 1944. He also submits that the contention of the Revenue that as the finished goods have been cleared prior to 3-8-1998 therefore, the appellants are not required to pay duty thereon. In those circumstances, the duty paid on the goods (on which the duty was not required to be paid as per Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prior to levy of Central Excise duty on the finished goods, the appellants are not entitled to take Cenvat credit on the inputs gone into manufacture of final products. If they have paid duty, they should have filed a refund claim of the duty paid by them but they cannot take credit on the inputs. 6. Considered the submissions. 7. In this case, the admitted facts are that the final pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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