9911796707
TMI Blog2008 (11) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... Order].- The Appellants manufacture various types of printing Ink for which a larger number of chemicals, colours and other inputs are used. They had required various inputs sometime in 2003-04 and taken Cenvat credit. Some items of inputs which are used in the manufacture of fast moving finished products, are used faster, while other items of inputs which are meant for the inks which are not much ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner's order, the Commissioner (Appeals) vide impugned order upheld Dy. Commissioner's order. 2. Heard both sides. 2.1 Shri S.C. Kamra, Advocate, learned Counsel on behalf of the Appellant pleaded that the various inputs for manufacture of printing ink of various types had been acquired in 2003-04 and Cenvat credit had been taken at the time of receipt, that some inputs which are meant for us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome obsolete or unusable had been scraped or removed from inventory and that the inputs, in question, are still available in the factory and are being used. He cited the judgment of the Tribunal in the case of BHEL v. CCE, Bangalore reported in 2002 (50) RLT 208 wherein it was held that when the inputs are still lying in the factory, though have been written off in books of accounts, credit is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and there is no intention to scrap the inputs. 2.2 The learned Departmental Representative pleaded that as observed by Commissioner (Appeals) in para 4 of the impugned order, the inputs are obsolete and unfit for use and therefore, in terms of the Board's circular dt. 16-7-02, the Cenvat credit in respect of the same has been rightly disallowed. He also pleaded that since in this case, there is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing inputs, in respect of which Cenvat credit is sought to be denied, are being used. The inputs in respect of which the credit is sought to be denied are still being used and are very much in the stock. Just because a provision was made in the books of accounts for 2003-04 for non-moving/slow moving/obsolete items of inputs, it cannot be concluded that those items have been actually scraped and d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
