2008 (6) TMI 447

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....mar, the learned Advocate, appeared on behalf of the appellants and Smt. Sudha Koka, the learned Departmental Representative for the Revenue. 3. We heard both sides. 4. The appellant is engaged in the manufacture of Plastic Storage Tanks, which are excisable. After scrutiny of the balance sheets, Revenue issued Show Cause Notices for the period from 1999 to 2003 on the ground that the appellants had not reversed the Cenvat Credit attributable to work in progress shown in the balance sheets while opting for SSI Exemption. For the period 2004-2005 also a similar Show Cause Notice was issued. The Original Authority confirmed the demand proposed in the Show Cause Notices. The Commissioner (Appeals) upheld the orders of the Origi....

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....dha Castings (P) Ltd. - 2005 (122) ECR 443 (T) 8. Further, it was submitted that in the appellant's own case, it was held that credit automatically lapses and demand cannot be sustained- 2007 (209) E.L.T. 229 (T). 9. The learned Departmental Representative stated that when the appellant opted for SSI Exemption in the beginning of the year, a declaration to the department was submitted to the effect that the work in progress is nil. However, the balance sheet which is also a statutory document indicated the work in progress. Thus, the appellant mis-declared the fact to the department. Hence, there is an offence and the consequences of the same should be borne by the appellant. She requested the Bench to uphold the impugned or....