2005 (3) TMI 711

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....Respondent. [Order per : Krishna Kumar, Member (J)] - Heard both sides. 2. The ld. Counsel for the appellant inter alia submitted as under :- (i)      that reversal of credit, before clearance of exempt goods (disposable cups etc.), gets evidenced from SCNs itself. (ii)    that Chartered Accountant's certificate dated 24-5-2004, certifying the rev....

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....ny the credit solely on the ground that once credit was availed of the exemption under Notfn. 14/92 and 15/94, in spite of reversal of credit, is not permissible. As against this confirmation of demand is on the ground that there is no evidence of reversal of such credit before clearances of goods and hence, order traversing beyond the scope of SCN is not sustainable. (vi)   that revers....

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....atio of Supreme Court judgment in Chandrapur Magnet Wires [1998 (81) E.L.T. 3 (S.C.)] and CBEC Circular, dated 10-4-1986; (ix)   that ld. Additional Commissioner's claim of getting a verification report from JRO vide his letter dated 23-3-2004 cannot be an evidence to hold against them in a case where the fact of reversal of credit attributable to inputs used in the manufacture of exemp....

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....paid on raw materials it would continue to remain duty paid and hence,. exemption under the said Notfn. is not deniable; (xiv) that demand covered under SCN dated 2-5-1997 is barred by limitation, in view of every factual position within the knowledge of the Dept; (xv)  that, when exemption available on merits, imposition of penalty is not sustainable; (xvi) that, without prejudice, duty h....