9911796707
TMI Blog2007 (10) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... he entire amount of duty lying in balance - Appeal No. E/64/2007 - A/1448/2007 - Dated:- 16-10-2007 - Shri M.V. Ravindran, Member (J) [Order per]- Order-in-Appeal No: PII/BKS/255/2006 dated 15-9-2006 passed by the Commissioner of Central Excise (Appeals), Pune. 2. Considered the submissions made by both the sides at length and perused the records. 3. The Revenue is in appeal on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in proper prospective. The finding of the Commissioner (Appeals) in this case are very clear which are as under : "…..Thus the entire purpose of the Cenvat Credit Rules is to ensure that such inadmissible credit should not be utilized. Thus Rule 6(1) has relevance only where the assessee is in a position whatsoever to utilize the credit in their account balance. Thus on surrendering of their reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the entire balance amount of Rs. 5,83,031/- has lapsed by surrendering the registration certificate on the date of opting for the exemption Notification No. 30/2004 dated 9-7-2004. As in any case the balance amount of Cenvat credit would have lapsed on Currendering the registration certificate on the date of opting for the exemption Notification and would not have been available for utilization ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st and penalty are therefore, not sustainable and are liable to be set aside." 6. It can be noted from the above reproduced portion that Commissioner (Appeals) has considered the entire aspect of this case correctly. It is settled law that once the assessee surrenders the Central Excise registration, the question of utilization of the credit which is in balance does not arise. Being the case, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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