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TMI Blog2018 (11) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that:- Admittedly, at the time of the clearance of the goods the appellant was working under the compounded levy scheme and has paid the duty on the said stock in terms of the said scheme - when earlier the assessee shifted from compounded levy scheme to Cenvat Credit scheme, the stock of the goods manufactured during the period of compounded levy scheme was cleared by them at the tariff rates. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri V. B. Jain, DR for the Respondent ORDER Per: Archana Wadhwa 1. After hearing both sides we find that the appellants are engaged in the manufacture of Stainless Steel Cold Rolled Patta/Pattii falling under Chapter 72 of the First Schedule to the Central Excise Tariff Act, 1985. Prior to 01/03/2014 the appellant was operating under the Cenvat scheme and after availing the cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudicating authority confirming the demand along with confirmation of interest and imposition of penalty of identical amount. On appeal the said order was upheld by Commissioner (Appeals) but he reduced penalty to ₹ 5 Lakhs. Hence the present appeal. 3. The short question required to be decided is as to whether the appellant s final product manufactured prior to 01/03/2014 as lying in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Mills Company Ltd. V/s Collector of C. Ex [1989 (44) ELT 598(SC)] and also in the case of Collector of C. EX., Hyderabad V/s Vazir Sultan Tobacco Co. Ltd. [1996 (83) ELT 3 (SC)] wherein it was held that the rate of duty applicable to the excisable products would be the rate applicable on the date of clearance of the goods. The said decisions were cited before Commissioner (Appeals), who ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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