9911796707
TMI Blog2004 (3) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... of interpreting the Modvat Rules no penalty is imposable on the Respondents - appeal allowed - decided partly in favor of respondent. - E/2652/2003-NB(B) - 275/2004-NB(B) - Dated:- 10-3-2004 - S/Shri S.S. Kang, Member (J) and V.K. Agrawal, Member (T) [Order per : V.K. Agrawal, Member (T)]. - This is an appeal filed by the Revenue against Order-in-Appeal No. 277/2003, dated 30-6-2003 by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d mineral water; that their products were exempted from payment of duty w.e.f. 1-3-2001 under Notification No. 3/2001-C.E., dated 1-3-2001; that the Dy. Commissioner under Order-in-Original No. 13/2002 has confirmed the demand and imposed a penalty of equivalent amount in respect of Cenvat Credit taken by them on inputs used in the manufacture of finished goods which were lying in stock as on 1-3- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d) and the decision of the Larger Bench in the case of Raghuvir (India) Ltd. v. CCE, Delhi, 2002 (140) E.L.T. 280. 4. We have considered the submissions of the learned SDR and perused the records. The Respondents had taken Cenvat Credit at the time when the products manufactured by them were chargeable to Central Excise duty. Subsequently w.e.f. 1-3-2001 Fruit Pulp/Juice based drinks manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expressed by this Tribunal in the case of Albert David Ltd., 2003 (151) E.L.T. 443 (Tri.-Del.). The Tribunal has held therein as under :- "A harmonious reading of Rules dealing with Cenvat Scheme and particularly Rule 57AC and Rule 57AD of the Central Excise Rules, 1944 makes it very evident that Cenvat credit shall not be allowed on such quantity of inputs which is used in the manufacture of ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ok Iron Steel Fabricators. The decision in the case of Albert Davit Ltd. has been affirmed by the Supreme Court as reported in 2003 (157) E.L.T. A81. Thus following the ratio of the Tribunal's decision in Albert Davit Ltd. case we hold that the Modvat credit on the inputs lying in stock as well as contained in finished goods lying in stock as on 1-3-2003 is not available to the Respondents. We a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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