9911796707
TMI Blog2017 (2) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 2,27,130/- and remaining part of the said order is set aside including penalty on the appellant - appeal partly allowed - decided partly in favor of appellant. - E/2298/2009-EX [DB] - A/70097/2017-EX[DB] - Dated:- 16-1-2017 - Mr. Anil Choudhary, Member (Judicial) And Mr. Anil G. Shakkarwar, Member (Technical) Shri D. H. Nadkarni, Advocate, for Appellant Shri Rajeev Ranjan, Joint Commissioner (AR), for Respondent ORDER Per Anil G. Shakkarwar The present appeal is filed by the appellant, M/s Saf Yeast Co. Pvt. Ltd., against Order-in-Original No. 03/Commissioner/LKO/CX/2009 dated 15/04/2009 passed by Commissioner of Central Excise, Lucknow. 2. Brief facts of the case are that the appellant, M/s Saf Yeast Co. Pv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cture for used in the manufacture of exempted product than the Cenvat credit of duty paid on such input was not admissible and contented that the Cenvat credit availed was on such inputs which were brought into the factory when the final product was dutiable. The Original Authority did not appreciate the contentions and confirmed the demand and imposed penalty of equal amount. Aggrieved by the said order appellant is before this Tribunal. 3. The appellant contended that in so far as the credit of amount except for ₹ 2,27,130/-, is concerned the credit was availed on inputs and capital goods which were brought into the factory for utilization of the same in or in relation to manufacture of final product attracting Central Excise dut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are here really concerned with credit that has been validly taken, and its benefit is available to the manufacturer without any limitation in time or otherwise unless the manufacturer itself chooses not to use the raw material in its excisable product. The credit is, therefore, indefeasible. It should also be noted that there is no co-relation of the raw material and the final product; that is to say, it is not as if credit can be taken only on a final product that is manufactured out of the particular raw material to which the credit is related. The credit may be taken against the excise duty on a final product manufactured on the very day, that it becomes available. We find that the above ruling has ruled that there is no co-relatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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