2010 (10) TMI 1030

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....ntral Excise<br>MRS. ARCHANA WADHWA AND MR. B.S.V. MURTHY, JJ. Shri P.M. Dave, Adv. for the Appellant Shri Rajendra Nagar, SDR for the Respondent JUDGEMENT Per: Mrs. Archana Wadhwa: All the stay Petitions and appeals are being disposed by a common order as the disputed issue is same.&nbsp; Learned Advocate Shri P.M. Dave, appearing on behalf of the appellants, submits that the deman....

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....s used in the manufacture of final product cleared under Notification No.30/2004 stands reversed by them and as such the same amounts to the fact as if no credit has been availed. 3. The Commissioner in his impugned order has observed that such reversal of credit was not at the time of clearance of the exempted goods but at the end of the month.&nbsp; As such, no benefit can be extended to the ....

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....n to the Boards Circular No.858/16/2007-CX, dt.8.11.07 laying down that such reversal has to be made before utilization of the credit.&nbsp; He also draws our attention to Hon&#39;ble Supreme Courts judgment in the case of CCE Vs. Bombay Dyeing & Manufacturing Co. Ltd. as reported in 2005 (215) ELT 3 (SC), wherein it was held that if the credit availed is reversed before utilization, the same wo....

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....#39;ble High Court of Gujarat in the case of CCE Vs. Ashima Dyecot Ltd. 2008 (232) ELT 580(Guj.) and in the case of CCE Ahmedabad Vs. Maize Products 2008 (89) RLT 211 (Guj.).&nbsp; In the later case, reversal of credit even at the appeal stage has been held in accordance with law.&nbsp; As regards quantum of reversal, he submits that the appellants are in a position to demonstrate before Commissio....