2010 (4) TMI 419

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....Respondent. [Order]. - The respondents had Cenvat credit of Rs. 4,38,483/- in the Cenvat credit account as on 11-7-2006, the day on which they started availing full exemption on the final products manufactured by them under Notification No. 30/2004-C.E. dated 9-7-2004. The Assistant Commissioner appropriated this amount with interest of Rs. 27,330/- while sanctioning rebate of Rs. 5,60,363/- to....

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....i - 2002 (140) E.L.T. 280 (Tri.-LB) and Tractors and Farm Equipment Ltd. v. CCE, Madurai - 2007 (212) E.L.T. 223 (Tri.-Chennai), the appellants were required to reverse this amount as soon as the final products became exempt. Therefore, the order passed by the original Adjudicating Authority adjusting their Cenvat credit out of the rebate sanctioned was legal and proper. She also submitted that th....

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....the amount in cash or as in the present case, the cash available to him in the form of credit would no longer be available. In the case of Tractors and Farm Equipment Ltd. (supra) the Tribunal has observed that there is no provision in the Central Excise Rules providing for a reversal of credit by excise authorities except where it has been illegally or irregularly taken Thus, both the decisions c....