2014 (4) TMI 8

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..... Arul, Supdt. (AR), JUDGEMENT Per: Shri Mathew John After hearing both sides for sometime, we came to the view that the matter needs to be remanded back to the adjudicating authority and therefore after allowing the stay petition, we took up the appeal itself for disposal with the consent of both sides. 2. The appellant is a manufacturer of Load Cells used in electronic weighing machi....

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....isions made, the appellants should have reversed Cenvat credit following the Rule 3 (5B) of Cenvat Credit Rules, 2004. Based on such reasoning, a show cause notice was issued and adjudicated confirming a demand of duty of Rs.24,42,316/- along with interest and penalty. Aggrieved by the order, the appellant filed an appeal with the Commissioner (Appeals). The Commissioner (Appeals) upheld the order....

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....e period appellant had fully written off inputs valued Rs. 10,68,855/-. 5. In respect of work in progress, his contention is that Rule 3 (5B) does not at all mention material issued for work in progress. He further submits that after the impugned order has been passed, the disputed inputs which were written off partially or fully have been used in the manufacture of excisable goods and final pr....

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....rocessed and converted into finished stock, which have been sold either on payment of duty or is exported without duty and the provision of raw material and work in progress has been since reversed and that as on 31.03.13 the provision in the books of accounts is Rs. 23,10,005/- for Finished Goods. So he prays that the matter may be remanded back to the adjudicating authority for verification ....