2011 (8) TMI 315

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.... Per : Dr. P. Babu;   Briefly stated, the facts of the case are that M/s. Valson Industries Limited, Vapi were engaged in the manufacture of Dyed Yarn falling under Chapter 54 & 55. They availed cenvat credit of Rs. 1,12,754/- on capital goods i.e. dryer, which have been used exclusively for manufacture of exempted goods. On detection, the appellants reversed the credit along with intere....

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....ture of exempted goods or in providing exempted services, other than the final products which are exempt from the whole of the duty of excise leviable thereon under any notification where exemption is granted based upon the value or quantity of clearances made in a financial year.   3. The wording of the Rule is that it does not leave any scope for an interpretation otherwise. Against the ....

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....und. Probably to justify their refund claim, the appellants started using the said machine for drying the dutiable Yarns also.   5. More importantly it was claimed by the appellant that they were declaring under oath that the machines were being used for manufacture of both the dutiable and exempted goods. Commissioner (Appeal) was of the opinion that no such affidavit has been filed suppo....