2006 (2) TMI 553

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....i George Paulose, Advocate, for the Respondent. [Order per : S.L. Peeran, Member (J)]. - The Revenue is aggrieved with the OIA No. 28/2004, dated 31-3-2004 passed by the Commissioner of C&CE (Appeals), Hyderabad, who has followed the Board's Circular No. F. 345/2/2000-TRU, dated 29-8-2000 and has upheld the claim of Cenvat credit in respect of Plastic Crates and Glass Bottles lying in balanc....

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....redit had been "earned" by the manufacturer and therefore, the manufacturer is entitled to take the CENVAT credit of this amount under Rule 57AG(1)." On a careful perusal of the said clarification, it is evident that if the manufacturer fails to avail credit for some reason on the inputs received on or before 31-3-2000, they can avail the same as Cenvat credit as they could have earned the credit.....

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....ssions, the disallowance of CENVAT credit and collection of interest is unwarranted and the same is set aside. Since I am setting aside the disallowance of CENVAT credit and collection of interest, no penalty is imposable on the appellants, I pass the following order. 2. The Revenue is aggrieved with this order and contend that the order is not legal and proper. It is submitted that the or....

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....wed the Board's Circular. He contends that the inputs had been received before the date mentioned in the Circular and they were eligible to take the credit. 6. On a careful consideration and on perusal of the impugned order, we find the same to be legal and proper. The Commissioner is bound by the Board's Circular as the same is binding on her in terms of the Apex Court judgment cited by t....