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TMI Blog2019 (4) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... required to pay an amount equivalent to the CENVAT Credit in respect of inputs used in the manufacture of said final product and is lying in stock or in process or is contained in final product lying in stock. In the present case all the conditions enumerated under sub rule 3 (i) has been followed by the Appellant and he is not required to reverse the entire credit lying in balance on the date of opting notification No. 30/2004–CE dated 09.07.2004. Therefore, the balance credit is not liable to be reversed. For the same reason the credit utilised by him for clearance of finished goods or capital goods. On similar issues in the case of Wearit Global Ltd. [2018 (8) TMI 1094 - CESTAT NEW DELHI], Janson Textile Processors [2018 (7) TMI 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 29/2004 CE dated 09.07.2004 and vice versa till Deember 2011. During this period the Appellant paid duty on finished goods, reversal of credit on stocks and clearance of wastage and capital goods from cenvat account. 2. They were issued show cause notice dated 03.04.2012 wherein it was alleged that when Appellant availed benefit of Notification No. 30/2004 CE in March 2007 they were liable to reverse the accumulated credit of ₹ 2,86,83,157/- in terms of Rule 11 (3) inserted vide Notification No. 10/2007 CE dated 01.03.2007. Further in case of periods during which the appellant cleared the goods under Notification No. 30/2004, the Appellant have wrongly availed the credit on Capital goods and has wrongly utilised the credit for pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available in terms of Rule 6 (4) of CCR, 2004. The duty on wastage was paid from such cenvat credit which was not available to them. 3. The adjudicating authority vide the impugned order confirmed the demand of ₹ 2,86,83,157/- of credit which was lying in balance as on the date of opting of Notification No. 30/2004 CE. Further demand of duty of ₹ 42,17,241/- on clearance of finished goods was also confirmed and demand of ₹ 65,64,391/- was also confirmed along with interest and penalty. Further penalty was also imposed upon Sh. Shivkaran Choudhary, Excise Manager and authorised signator, hence the present appeals. 4. Sh. S. J. Vyas, Ld. Counsel appearing for the Appellant submits that the notification No. 30/2004 CE d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng in stock or in process or is contained in final product lying in stock. In the present case all the conditions enumerated under sub rule 3 (i) has been followed by the Appellant and he is not required to reverse the entire credit lying in balance on the date of opting notification No. 30/2004 CE dated 09.07.2004. Therefore, the balance credit is not liable to be reversed. For the same reason the credit utilised by him for clearance of finished goods or capital goods. We also find that on similar issues in the case of Wearit Global Ltd. 2018 (8) TMI 1094-CESTAT, Janson Textile Processors 2018 (7) TMI 850 CESTAT Chennai and Sitaram India Ltd. 2018 (10) TMI 11 CESTAT New Delhi, the credit stands allowed to the manufacturer. 7. We, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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