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TMI Blog2017 (7) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... ly for denying the cenvat credit to the appellant. With regard to packing material, inputs and finished goods, the learned advocate submits that embargo under Rule 3(5B) ibid will not have any application inasmuch as those goods are very much available and were not removed from the factory. However, this particular aspect was not dealt with by the lower authorities - Therefore the matter should go back to the original adjudicating authority for verification. Appeal allowed in part and part matter on remand. - Excise Appeal No.58910 of 2013 - A/56506/2016-SM[BR] - Dated:- 29-12-2016 - Mr S K Mohanty, Member (Judicial) Ms Sukriti Das, Advocate for the Appellants Shri R K Mishra, DR for the Respondent ORDER Per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 vide Notification No.26/2007-CE(NT), dated 11.05.2007, requiring payment of amount equal to CENVAT credit taken, in respect of inputs or capital goods, if the same are written off fully or whether any provision to write off fully has been made in the books of accounts. In the present case, the dispute relates to the period 2000-01 to 2003-04 when sub-Rule (5B) was not inserted in Rule 3 of the Cenvat Credit Rules, 2004, requiring reversal of CENVAT credit, attributable to the inputs written off. Since there is no provision existed in the CENVAT Credit Rules for reversal of CENVAT credit at the material time, reversal of credit cannot be insisted, relying upon the circular issued by CBEC. In this context, the Hon'ble Gujarat High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terial, inputs and finished goods, the learned advocate submits that embargo under Rule 3(5B) ibid will not have any application inasmuch as those goods are very much available and were not removed from the factory. However, this particular aspect was not dealt with by the lower authorities. Therefore, I am of the view that matter should go back to the original adjudicating authority for verification of the fact regarding availability of the said goods in the factory during the relevant time. If the goods were not removed and were available in the factory, the benefit of such cenvat credit should be available to the appellant. The appeal is disposed of in the above terms. (dictated and pronounced in the open court) - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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