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TMI Blog2006 (8) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 428/20 - Final Order No. 1522/2006 and Stay Order No. 930/2 - Dated:- 18-8-2006 - [Order]. - The appeal and the stay application have been filed against the Order-in-Appeal No. 8/2006-C.E. dated 31-1-2006, passed by the Commissioner of Central Excise (Appeals II), Bangalore. As the issue lies in a short compass, they are taken up together for the disposal as per law. 2.The appellants avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Balance Sheet submitted by the appellants, the value of the stock of work-in-progress is equal to Rs. 12,74,726/-. The appellant argued that the demand is not sustainable in the present case. Aggrieved over the order of the Original Authority, the appellants approached the Commissioner (Appeals). The appellants pleaded before the Commissioner (Appeals) that as per Rule 9(2) of the Cenvat Credit Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -progress because the Department took the work-in-progress figures available in the Balance Sheet as on 31-3-2003 instead of 31-3-2004. It was further submitted that the work-in-progress as on 31-3-2004 is 'nil' and the Department wrongly adopted the figure as on 31-3-2003. This fact was already considered in an earlier Show Cause Notice dated 15-9-2004 as admitted in the impugned order. The said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the records of the case carefully. In the present case, the show cause notice itself has been issued on the presumption that as on 31-3-2004, the value of the in-process goods to the tune of Rs. 12,74,726/-. In the course of personal hearing, the documents were shown to me and I found that as on 31-3-2004, the value of in-process stock is 'nil'. In any case, when the appellants opt out of the Cenv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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