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TMI Blog2017 (9) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... - GUJARAT HIGH COURT] observed that there was no authority of the reversal of MODVAT Credit in cases which are covered prior to introduction of Rule 3 (5B) of Cenvat Credit Rules, 2004. Appeal dismissed - decided against Revenue. - Ex/255/2011 - FO/A/76074/2017 - Dated:- 21-4-2017 - Shri P. K. Choudhary, Judicial Member Shri S. S. Chattopadhyay, Suptd. (AR) for the Appellant (s) Shri S. P. Majumder, Advocate for the Respondent (s) ORDER Per: Shri P. K. Choudhary The facts of the case in brief are that the respondents are engaged in the manufacture of Refractory Ceramic goods classifiable under Chapter 69 38 of the First Schedule to the Central Excise Tariff Act, 1985. A Show Cause Notice dated 19.05.2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y used in the manufacture of final products, the manufacturer shall be entitled to take the credit of the amount equivalent to the CENVAT Credit paid earlier subject to the other provisions of these rules. 4. The present case relates to the period 2005-06, prior to the insertion of Rule 3 (5B) in the statute. 5. The Ld. A.R. appearing on behalf of the revenue re-iterates the grounds of appeal. It is contended that the Respondent had written off the value of inputs at the time of annual stock taking as on 31.12.2004 and for the year 2005-06 but did not reverse the amount of CENVAT credit as availed on the input. 5. The Ld. Counsel appearing on behalf of the Respondent submitted that it is a case of adjustment of inputs on short an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hortages have been occurred during the process of handling raw materials within the factory during the movement of the input items from their storage premises on approximate basis. Moreover, reasons of such shortage were also on account of dryage of the moisture content, inaccurate estimation of the stock of input due to volumetric stock verification etc. 6. The Hon ble Gujarat High Court in the case of Commissioner of Central Excise Vs. Ingersoll Rand (India) Ltd. reported in 2014 (300) E.L.T 347 (Gujarat) observed that there was no authority of the reversal of MODVAT Credit in cases which are covered prior to introduction of Rule 3 (5B) of Cenvat Credit Rules, 2004. The relevant paras of the said decision are reproduced belo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers, instructions and directions to the Central Excise officers as it may deem fit, and such officers and all other persons employed in the execution of the Act shall observe and follow such orders, instructions and directions of the Board. 7. The Hon ble Punjab Haryana High Court in the case of Commissioner of Central Excise Vs. Maruti Udyog Limited reported in 2010 (262) E.L.T. 180 (P H) held as under :- 15. When the facts of the present appeals are examined in the light of categorical findings recorded by the Tribunal, it becomes evident that the view taken by the Tribunal does not suffer from any illegality. The arguments raised by the Revenue are thus liable to be rejected. The Tribunal has recorded categoric find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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