2011 (10) TMI 50

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....ocate for Respondent   Per :  Mr. M.V. Ravindran;   This appeal is filed by the Revenue against the Order in Appeal No. 151/2006 (Ahd-I) dated 27.07.2006.   2. The relevant facts that arises for consideration are that, the adjudicating authority had denied the benefit of transitional cenvat credit to the respondents herein, as applicable vide Notification No. 35/2003-CE (....

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....or for any other purpose, within the factory of production. It is his submission that on such reading, the goods in the hands of dealer is not an input but finished goods for him, in the same way is for the factory which produces and manufactures the same. The relevant Notification No. 35/2003-CE covers unprocessed fabrics as finished goods and hence the cenvat credit availed by the said dealer is....

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.... not merely for stock of the goods with traders but also in respect of the stock lying with the processors and cenvat credit cannot be denied to the assessee.  As rightly pointed out by the learned counsel, that this judgment was appealed before the Hon'ble Gujarat High Court and their Lordships in their order has held as under :-   "[Order per : K.S. Radhakrishnan, C.J. (Oral)]. - Hea....

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....2. Question raised whether the Tribunal is justified in holding that the grey fabrics i.e. unprocessed stock of fabrics held by a dealer is 'input' in terms of Notification No. 35/2003-C.E. (N.T.) dated 10-4-2003. The Tribunal has examined the issue and opined that the problem related to term. So far as the present case is concerned, the Tribunal concluded that man-made grey fabrics is definitely ....