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TMI Blog2019 (10) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... of Board Circular No. 799/32/2004-CX dated 23.09.2004 HELD THAT:- The Commissioner has not denied the cenvat credit on the ground of suppression. Moreover, the appellant has claimed that they have recorded the goods, which was lying outside the factory premises, in their books of accounts, therefore, it cannot be said that there is suppression. - the Board is not the authority to make law whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The brief facts of the case are that the appellant being a 100% EOU stored the goods outside the factory premises on which the appellant had claimed exemption while imported the goods being a 100% EOU. The case was investigated by the DGCEI and it was found that the appellant have stored the imported goods outside the factory premises. The case of the department is that since the goods we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner with their claim of cenvat credit, the same was rejected on the ground that there is no provision in Cenvat Credit Rules for allowing cenvat credit tp 100% EOU. The appellant filed an appeal before the Commissioner (Appeals) who rejected the appeal on the ground that the appellant being a 100% EOU was not entitled to cenvat credit prior to issuance of Board Circular No. 799/32/2004-CX ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned order and further submits that since the case was investigated by the DGCEI, therefore, it appears that there is a fraud. He also submits that since the appellant have approached the Settlement Commission, it shows that there is fraud on the part of the appellant, therefore, whatever duty they have paid for the inputs they are not entitled for cenvat credit. 4. I have carefull ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The Board has only clarified the existing law regarding entitlement of the cenvat credit, therefore, the Board clarification is a retrospective and not the prospective. Since the lower authorities have not verified the records that whether the goods had been recorded in the books of accounts and other excise records by the appellant, the matter needs to be remitted back only for verification pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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