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TMI Blog2017 (10) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... re of fabrics? - Held that: - In the case of K.G. Denim Ltd. Vs. CCE [2005 (9) TMI 127 - CESTAT, CHENNAI], the Tribunal held that since the assessee reversed the entire Cenvat credit on inputs, correctable to the finished products cleared by them, they are eligible for the benefit of N/N. 30/2004 ibid - appeal allowed - decided in favor of appellant. - E/60/2008 & E/80/2008 - 41815-41816/2017 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that polyester fabrics manufactured out of polyester yarn were cleared without payment of duty under Notification No.67/95-CE dated 16.03.1995, thus contravening the provisions of Rule 4 of Central Excise Rules, 2004 and the conditions of Notification No.67/95-CE dated 16.03.2005. Hence, a Show cause notice was issued proposing to recover duty only on the yarn cleared for captive consumption pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... darajan, AC, appeared on behalf of Revenue and submitted that the assessee s claim that they had reversed the credit as per Sl.No. (vi) of the proviso to the Notification No.67/95 is devoid of merit, since at the time of clearing the impugned yarn without payment of duty under the said notification, the final products were chargeable to duty and hence the assessee was not supposed to expunge the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n favour of the assessees. In the case of K.G. Denim Ltd. Vs. CCE vide Final Order No.1314/2005 dated 23.09.2005, the Tribunal held that since the assessee reversed the entire Cenvat credit on inputs, correctable to the finished products cleared by them, they are eligible for the benefit of Notification No.30/2004 ibid. In the case of Page Apparels Pvt. Ltd. Vs. CCE, - 2006 (106) ECC 351 (Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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