2017 (1) TMI 540

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..... that the assessee has paid the duty on inputs used in the indicated manufacturing of final goods, the assessee has maintained separate accounts/record, duly entered credit of duty-paid on the inputs in manufacture of final goods and validly availed the Cenvat credit. Therefore, the same cannot be reversed on the ground that the final product (i.e. agricultural Tractors) were subsequently exempted from tax. Appeal allowed - decided in favor of appellant. - E/3203/2007-Ex (DB) - 61715/2016 - Dated:- 1-12-2016 - Mrs. Archana Wadhwa, Member (Judicial) And Mr. Devender Singh, Member (Technical) Shri Surjit Bhadu, Advocate for the appellant Shri R.K.Sharma, A.R. for the respondent ORDER Per Devender Singh This appe .....

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..... s confirmed along with interest and penalty of equivalent amount was imposed under section 11AC. The party filed an appeal before the Commissioner (Appeals). The Commissioner (Appeals) upheld the order of the adjudicating authority. Aggrieved with the same, the party is before this Tribunal. 3. Learned Advocate for the appellant submitted that the Commissioner (Appeals) has wrongly applied the judgement of the Tribunal in the case of Albert David Ltd. 2003 (151) ELT 443 (Tri.-Del.) as the matter in that case pertained to the period when there was specific provision for recovering of credit on inputs used in the manufacture of wholly exempted final product. Learned Advocate pointed out that the provision for payment of equivalent amo .....

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..... goods, the assessee has maintained separate accounts/record, duly entered credit of duty-paid on the inputs in manufacture of final goods and validly availed the Cenvat credit. Therefore, the same cannot be reversed on the ground that the final product (i.e. agricultural Tractors) were subsequently exempted from tax. Thus, the contrary arguments of the learned counsel for the Revenue 'stricto sensu' deserve to be and are hereby repelled under the present set of circumstances. No contrary judgment has been cited on behalf of the Revenue. Therefore, the aforesaid judgments are the complete answer to the problem in hand. 21. In the light of aforesaid reasons, the assessee is held entitled to the benefit of Cenvat credit in the ob .....

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