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TMI Blog2019 (10) TMI 957X X X X Extracts X X X X X X X X Extracts X X X X ..... July 2004 exempts the duty on the finished products of eligible manufacturers subject to credit of duty not having been taken on inputs or capital goods used for manufacture of these finished goods. As the credit in balance cannot be used and circular no. 645/36/2002-Cx dated 16th July 2002, which precedes the amendment in CENVAT Credit Rules, 2004, requires that CENVAT credit on inputs would necessarily have to be written off - Appeal dismissed. - Excise Appeal No: 1205 of 2011 - A/86881/2019 - Dated:- 23-10-2019 - HON BLE MR C J MATHEW, MEMBER (TECHNICAL) AND HON BLE DR SUVENDU KUMAR PATI, MEMBER (JUDICIAL) Shri Prasad Paranjape, Advocate with Shri Rohit Rawal, Chartered Accountant for the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3) ELT 582 (Tri.-Mumbai)], that of the Hon ble High Court of Karnataka in Commissioner of Central Excise, Bangalore II v. TAFE Ltd [2012 (26) STR 160 (Kar.)] and in Commissioner of Central Excise, Bangalore II v. Gokaldas Intimate Wear [201 (270) ELT 351 (Kar.)] and of the Tribunal in OCM India Ltd v. Commissioner of Central Excise, Chandigarh H [2016-TIOL-2355-CESTAT-CHD]. On the prospective effect of rule 11(3) and rule 3(5B) of CENVAT Credit Rules, 2004, reliance is placed on the decisions in Commissioner of Central Excise, Nagpur v. Serialism Cotton Mills [2017 (345) ELT 310 (Tri.-Mumbai)] and Commissioner of Central Excise, Navi Mumbai v. Hindalco Industries Ltd [2011 (272) ELT 161 (Bom). 3. Learned Auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 2004. 5. CENVAT credit is to be utilized for discharge of liability as prescribed in Central Excise Rules, 2002 and Service Tax Rules, 1994. CENVAT Credit Rules, 2004, with which we are concerned here, would, therefore, not be in breach by maintenance of a record which logs entry of burden of duty borne or inputs procured by the appellant. Notification No. 30/2004-CE dated 9th July 2004 exempts the duty on the finished products of eligible manufacturers subject to credit of duty not having been taken on inputs or capital goods used for manufacture of these finished goods. 6. As the credit in balance cannot be used and circular no. 645/36/2002-Cx dated 16th July 2002, which precedes the amendment in CENVAT Cre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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