9911796707
TMI Blog2007 (6) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... ntention was not justified and set aside - Appeal No. E/1820/2006 - Final Order No. A/924/2007-WZB/C-IV/(SMB) - Dated:- 11-6-2007 - [Order per] - This appeal is filed by the Revenue against Order-in-Appeal dated 9-3-2006. 2. The issue involved in this case is regarding the disallowance of Cenvat credit to the respondent on the ground that the respondent had availed the Cenvat credit aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has to be a reasonable time for availing Cenvat credit. 4. The ld. Advocate appearing on behalf of the respondents submits that there is no dispute as to the stock declared by the respondents. It is his submission that the credit availed by the respondents on 26-3-2004 was after furnishing the entire value of the stock in trade and verification by Range Officers. It is his submission that ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lapse and the Department was fully aware of the stock lying in the factory as on 31-3-2003 and the substantive benefit of transactional credit on stock cannot be denied on the said technical/procedural shortcomings of non-declaration of value and furnishing on only quantity. There is no restriction nor any time frame for availing the said transitional credit under Rule 4 read with Rule 9A of Cenv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 cannot be invoked. The Hon'ble Tribunal in the case of M/s. Godrej Soaps Ltd. v. CCE, Mumbai [2004 (174) E.L.T. 25 (Tri. L.B.)] has held that the order for imposition of penalty/interest cannot survive after the demand itself is held to be not payable on any account. Thus, credit is allowable and there is no violation of any provisions hence the penal and interest provisions are not attracted. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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