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TMI Blog2007 (10) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the ground that the Commissioner (Appeals) has not interpreted the provisions of Notification 30/04 and has inserted words in this notification by allowing the appeal of the assessee. It is the submission of the learned SDR that the respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 registration certificate, the Cenvat credit was as good as lapsed and the appellants could never have utilized the cenvat credit lying in their account balance. Hence in effect the entire Cenvat credit lying in balance is as good as debited. Thus in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on Currendering the registration certificate on the date of opting for the exemption Notification and would not have been available for utilization, hence the end result is the same. The appellants have also not asked for any refund of the balance amount in the Cenvat credit account on the date of surrender of registration certificate. Therefore, there is no revenue loss to the department as be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee surrenders the Central Excise registration, the question of utilization of the credit which is in balance does not arise. Being the case, the findings of the Commissioner (Appeals) reproduced above are very correct and does not require any interference. 7. Accordingly I am of the view that the Commissioner (Appeals) has arrived at the correct conclusion considering the facts of the case. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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