2009 (3) TMI 1018

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Respondent. [Order]. - The Revenue filed this appeal against Order-in-Appeal No. 64(HKS)CE/JPR-II/2006 dated 23-1-2006 whereby adjudication order was set aside. 2. Learned D.R. reiterates the grounds of appeal. He submits that the respondents are engaged in the Stentering of Processed/Dyed Fabrics falling under Chapter No. 52, 54 and 55 of the Schedule to the Central Excise Tariff ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or the respondents reiterates the findings of the Commissioner (Appeals). He submits that the goods were purchased from the trader as it is evident from the adjudication order. He also submits that Boards vide Circular F. No. B3/5/2003-TRU, dated 30-4-2003 has clarified that stocks of inputs as on 1-4-2003 would be eligible for deemed credit under Rule 9A of the said Rules in terms of amended Noti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..../2003-C.E. (N.T.), dated 30-4-2003 a manufacturer was entitled for one time credit in respect of the goods lying in stock as on 1-4-2003. There was no condition under the provisions of rule 9A of the Cenvat Credit Rules, 2002 that the goods should be dispatched by the supplier on or before 31-3-2003. Therefore, as per the provisions of rule 9A of Cenvat Credit Rules, 2002 a manufacturer shall be e....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....claration from 31-3-2003 to 1-4-2003. Consequently, the stock of inputs lying as on 1-4-2003 (instead of 31-3-2003) would now be eligible for one time credit under Rule 9A of the CENVAT Credit Rules, 2002. (Notification No. 40/2003-C.E. (N.T.), dated 30-4-2003 refers)." 6. In view of the Board's Circular and on perusal of Rule 9A, as amended by Notification No. 40/2003, I do not find an....