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TMI Blog2017 (2) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... goods - the reversal of credit is equivalent to not taken the credit on inputs used, in the manufacture of said goods - the appellant is entitled to avail the benefit of N/N. 30/2004-C.E - appeal allowed - decided in favor of appellant. - E/555/2007-EX(DB) - Final Order No. A/61366/2016-EX (DB) - Dated:- 15-9-2016 - Shri Ashok Jindal, Member (J) and Devender Singh, Member (T) Shri Surjeet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-2004, the appellant is reversing the credit attributable to the inputs used in the manufacture of the said goods. The revenue is of the view that as the appellant has taken the credit on the inputs, therefore, the appellant is not entitled to avail exemption under Notification No. 30/2004-C.E. ibid. In these sets of facts, a show cause notice was issued to the appellant for the period December, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit attributable to the inputs used in the manufacture of the said goods and the same has been reversed. It is the submission of the appellant that the appellant has complied with the condition of Rule 6(3) of Cenvat Credit Rules, 2004. Therefore, the benefit of Notification No. 30/2004-C.E. cannot be denied to the appellant. He drew our attention to the issue decided in the appellant s own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nputs used in the manufacture of said goods. Therefore, we hold that the reversal of credit is equivalent to not taken the credit on inputs used; in the manufacture of said goods. In that circumstance, the appellant is entitled to avail the benefit of Notification No. 30/2004-C.E. Consequently, the demands are not sustainable against the appellant. Accordingly, the impugned order is set aside and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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