2013 (7) TMI 634

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.... Excise officers on 15.3.08, who conducted various checks and verifications. As a result shortages were found in two raw materials i.e. lead ingots and zinc ingots to the extent of 52. 20 Qtls and 10.70 Qtls respectively involving Cenvat credit of Rs.1,29,700/- and Rs.18,002/-. The appellants immediately reversed the said credit. 2. Further it is seen that the appellant imported sodium antimonite in the month of March, 2002 and availed the credit of duty paid thereon in the month of April, 2007. The said sodium antimonite was sold by the appellant as such in October and November, 2007, by reversing the entire credit so availed by them. Revenue entertained a view that inasmuch as the assessee had traded in the said sodium antimonite and i....

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.... sodium antimonite from their factory. Rule 3(5) of Cenvat Credit Rules, 2004 provides that when inputs, on which credit has been taken are removed; as such, from the factory, the manufacturer shall pay an amount equal to the credit availed in respect of such inputs. Admittedly, the appellant has paid the entire amount of credit so availed by them. The Revenue's objection that appellant was not registered as dealer and as such, could not have availed the credit cannot be appreciated for confirmation of demand of credit for the second time. The Tribunal in the case of CCE, New Delhi vs. Topaze Overseas (P) Ltd. [2000 (118) ELT 174 (Tri)] has observed that the assessee's registration as manufacturer of same items and not as a dealer is suffic....