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TMI Blog2017 (4) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... TTARAKHAND HIGH COURT], where the Court has taken a view that a manufacturer obtains credit for the Excise duty paid on raw material to be used by him in the production of an excisable product immediately and there is no provision in the Rules which provide for a reversal of the credit by the excise authorities - appeal dismissed - decided against Revenue. - Central Excise Appeal No. 347 of 2009 - - - Dated:- 29-11-2016 - Bharati Sapru and Vinod Kumar Misra, JJ. Shri S.P. Kesarwani, Counsel, for the Appellant. ORDER Heard Sri Nishant Mishra, learned counsel for the assessee and Sri Parv Agarwal, learned counsel for the Department. 2. This is a Central Excise Appeal filed under Section 35G of Central Excise Act, 1944 agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit in respect of inputs is required to be taken immediately on receipt of the inputs in the factory of the manufacturer, that is to say, that the Cenvat credit is required to be taken on receipt of the inputs and not at the time when the final product is manufactured. All that the Department is required to ensure is, that the Cenvat credit taken by the assessee at the time of the receipt of the inputs is for the manufacture of the final product, on which Excise duty is payable. If the excisable duty is withdrawn subsequently, or the final product becomes exempted from payment of Excise duty by means of a notification, the Cenvat credit so taken and utilized cannot be reversed nor can the Department insist that the Cenvat credit should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y taken, in which even it stands cancelled or, if utilized, has to be paid for. We 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 it related. The credit may be taken against the excise duty on a final product manufactured on the very day that it becomes av ..... X X X X Extracts X X X X X X X X Extracts X X X X
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