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TMI Blog2017 (2) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant is eligible for the refund of the credit which they failed to avail? - Held that: - the provisions given in Para 4 of the N/N. 6/2002-CE(NT) dt 1.3.2002 are very clear when it states that this Notification is not applicable to a manufacturer (other than composite mill), who avails any credit under Rule 3 of the CCR 2002. The option of payment of 25% penalty as per the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firms the demand and recovery of the deemed credit of ₹ 5,25,041/- alongwith interest against the assessee appellant; and equivalent penalty has also been imposed against the appellant. 2.0 The appellant has been represented by the Ld Advocate, Shri Aditya Tripathi, and the Revenue has been represented by Ld. AR., Shri L Patra. 3.0 Based on the appeal memorandum and the synopsis, the L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E, Ahmedabad vs Blue Blends India Ltd - 2003(159)ELT.36 (Tri. Del.) 4.0 The Ld AR reiterates the findings given by the lower revenue authorities. 5. Both the sides have been heard. The issue mainly concerns with the eligibility of the deemed credit availed as per the provisions of Sub Para 1(a) and (b) of para 2 of the Notification No 6/2002-CE(NT) drd 1.3.2002. 5.1 The appellant assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll), who avails any credit under Rule 3 of the Cenvat Credit Rules 2002. The Para 4 of the said Notification NO 6/2002-CE(NT) supra) reads as under: The provision of this Notification shall not apply to a manufacturer (other than a composite mill) who avails any credit, under rule 3 of the Cenvat Credit Rules, 2002 in respect of the declared inputs or unprocessed fabrics which are used in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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