2007 (5) TMI 493

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....e assisted by Partha Banerjee, Advocate, for the Appellant. Shri Y.S. Loni, JDR, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. -  After hearing both sides for some time, we find that the appeal itself can be decided today and hence, we waive the requirement of pre-deposit and proceed to hear the appeal. 2. In this case, the appellants have used duty-pa....

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....vocate appearing for the appellants submits that the appellants have not taken benefit of the exemption Notification No. 67/95-C.E. but have opted  for paying duty on the storage tanks. He draws our attention to the definition of inputs under Rule 2(k) of the CENVAT Credit Rules, 2004 read with Explanation 2 thereunder, which state that the input includes goods used in the manufacture of capi....

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....67/95-C.E. However, according to him, since they have paid duty on the tanks, the appellants are entitled to credit on the same which in any case, is a revenue-neutral exercise. 5. The learned D.R. supports the Order passed by the Adjudicating Commissioner. According to him, the Notification No. 67/95-C.E. exempts the storage tanks and hence, the input duty credit is not available in respe....

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.... used in the manufacture of final goods. The provisions of Rule 6 of the CENVAT Credit Rules 2004 is applicable to a case where a manufacturer clears final goods partly on payment of duty and partly availing the duty-exemption. In this case, admittedly, all final goods produced by the appellants are dutiable. Hence, we are of the view that the credit of duty paid on the inputs used in the manufact....