2006 (10) TMI 74

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..... and, penalty and interest set aside - E/3013/2005-Mum - A/1852/2006-WZB/C -IV(SMB) - Dated:- 6-10-2006 - [Order per].- Heard both sides. This is a case where the inputs i.e. cold rolled steel strips have been removed as such after partial processing such as slitted steel strips on payment of excise duty. The department has alleged that the slitted steel strips are not liable for payment of dut .....

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..... ment of Cenvat credit and also charged interest for its recovery and imposed penalty. 2. The issue on hand squarely cover by the following decisions :- (1) CCE, Mumbai-IV v. Piramal Spinning Weaving Mills Ltd. - 2002 (145) E.L.T. 322 (T) 2002 (100) ECR 50 (Tri.) (2) PSL Holdings Ltd. v. CCE, Rajkot -2003 (156) E.L.T. 602 (Tri-Mum). In the latter case, the observation of the div .....

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..... o be utilized, already stands reversed by them. As such, they cannot be asked to once again reverse the credit so availed. Accordingly, we set aside the impugned order and allow' the appeal with consequential relief to the appellants." 3. There are other decisions which cover the issue on hand such as CCE C (Appeals) v. Narayan Poluplast - 2005 (179) E.L.T. 20 (S.C.) and CCE C, Vadoda .....

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