2010 (8) TMI 954

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..... r the Revenue. Per: Mrs. Archana Wadhwa: All the three appeals filed by Revenue are being disposed off by a common order, as they arise out of same impugned order passed by Commissioner (Appeals), vide which he has set aside the order passed by original adjudicating authority, denying the excess Cenvat Credit availed by the respondent. 2. As per facts on record, the respondents are eng .....

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..... initiated against them resulting in passing of an order by the Assistant Commissioner, confirming the excess credit and imposing penalty. 4. On an appeal against above, the Commissioner (Appeals) allowed the appeals by observing as under: 8. It is not disputed that the appellant was given Central Excise registration by the department as a manufacturer . They had filed a declaration of the .....

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..... that the declared stock are not inputs, in fact the declared stock is their finished goods and hence Cenvat Credit is admissible only at the lower rate applicable to finished products. 9. The crux of the issue is whether the stock of grey fabrics is to be considered as inputs or finished products. The appellant has argued that since the appellants were registered as a manufacturer , the grey .....

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..... k is their finished goods. He is of the view that the appellant is a manufacturer of the grey fabrics and having stock of grey fabrics. He has considered these goods as finished goods and accordingly held that they were entitled to credit as per Serial No.2 of the said notification. In this regard, appellant has contended that they have taken registration as a MMF manufacturer. In RG23A Part II .....

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..... -in-original. There is no dispute about the fact that the appellant is a registered for manufacture of Textile Textile Articles and grey fabrics are input for their final product. As such, the credit availed by them in respect of grey fabrics by treating the same as input, is required to be upheld. I find no infirmity in the view of Commissioner (Appeals). 6. Revenue s appeals are accordingl .....

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