2013 (7) TMI 398

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..... Per: P G Chacko: These stay applications seek waiver and stay in respect of the adjudged dues which, in the first appeal, include an amount of Rs.1,34,634/- and, in the second appeal, include an amount of duty of Rs.80,960/-, which respectively represent the CENVAT credits denied to the appellant for the period March 2006 to March 2008 and March 2006 to January 2009. The CENVAT credits in ....

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....    (2) Titan Industries Ltd. Vs. The Commissioner of Central Excise, Chennai [2009 (237) E.L.T. 730 (Tri-Che)] 2. The learned Addl. Commissioner (A.R.) refers to the provisions of Rule 3 of the CENVAT Credit Rules 2004 and submits that the materials not contained in the finished product cannot be recognized as inputs and that, if input duty credit is allowed, it would amount to undue....

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....liers. In other words, the cost of the materials would not form part of the assessable value of the final products. The decisions cited by the counsel are distinguishable on facts. For instance, in the case of Titan Industries Ltd., the rejected components were cleared as scrap on payment of appropriate duty without prejudice to the revenue. On the other hand, in the instant case, there is no evid....