2013 (9) TMI 777

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ORDER Heard counsel for the parties. The petitioner's application for exemption from the condition of pre-deposit was rejected by the Commissioner, (Appeals), Central Excise and Service Tax, Ranchi. However, the petitioner was permitted to comply with the pre-deposit under Section 35 F of the Central Excise Act. The petitioner's contention is that petitioner reversed the amount of Rs. 21,58,103....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er further submitted that such adjustment is permissible in the view taken by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench, Mumbai, Court No.1 in the case of Finolex Cables Ltd. Vrs Commissioner of Central Excise, Pune-I, copy of which has been placed on record as Annexure-8. The same view has been taken by the CEGAT, Court No. 1, New Delhi in the case of Birla Yamaha L....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Cenvat Credit Rules, 2004 allows an assessee to take the benefit of his credit under any of the category as mentioned under Sub-Rule(1) of Rule 3 of the Cenvat Credit Rules, 2004. We are of the considered opinion that this is not a provision, which prohibits the assessee to adjust the said credit against its liability created by either order which is sought to be challenged in appeal requiring the....