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TMI Blog2007 (9) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... our of appellant - E/2575/2006 - A/2379/2007-WZB/AHD - Dated:- 12-9-2007 - [Order]. - Prior to 1-4-2004, the appellant was availing the benefit of Modvat credit and was utilizing the same towards payment of duty on their final product. However, with effect from 1-4-2004, they opted to be out of Modvat scheme and started availing the benefit of small scale exemption Notification No. 8/03, date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eproduced below : "9. I have carefully gone through the full facts of the case and the submissions made by the appellants in their appeal memorandum and also that of made during the personal hearing. The clause (iii) of Notification No. 8/03, dated 1-3-2003 specifies that for 'First Clearance of Rs. 100 lakhs' for 'home consumption' no Cenvat credit can be availed. The opening clause of the Noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd of the year it is obvious that they have not maintained separate accounts and the distinction between the 'returned goods' intended for exports and goods intended for 'home consumption' was removed. No sooner they utilized the part of the credit on returned goods against clearance of goods for home consumption, they brought these goods under ambit of Notification No. 8/03, and also converted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to our factory. (ii) Accounted and stored separately for verification of range officer. (iii) Accounted separately in RG-23A Part I. (iv) As on 1-4-2005 filed declaration under Notification No. 8/2003 and declaration to keep separate stock record for exported goods received back sent for export with the deptt. (v) We have shown separate stock in RG-23 A Part I Register. (vi) As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of availment of Modvat credit is being denied on procedural ground i.e. maintenance of only one register. As explained by the appellant, the Modvat statutory register was virtually non-operative and non-active for the home consumption goods on account of the fact they were exempted in terms of Notification No. 8/2003 and showing the separate stocks in the same register would fulfil the criteria ..... X X X X Extracts X X X X X X X X Extracts X X X X
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