TaxTMI 
TaxTMI 
2015 (10) TMI 984
X X X X Extracts X X X X
X X X X Extracts X X X X
....nt : Shri M S Negi, DR ORDER Per: Ashok Jindal: The appellant is in appeal against the impugned order for denial of refund claim. 2. The facts of the case are that the appellant is manufacturer of electric bulbs. They are procuring inputs, capital goods etc., and availing Cenvat Credit thereon. On 02.01.2006 they opted to avail exemption under notification no. 50/2003-CE i.e. area based exempt....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... contained in work-in-progress or finished goods was having different views of this Tribunal. Therefore, the matter was referred to the Larger Bench of this Tribunal in the case of HMT Vs. CCE-2008 (232) ELT 217 (Tri-LB), this Tribunal held that it is only at the time of availment of Cenvat Credit is to be seen whether product is dutiable or not. Later on, if goods become exempted then assessee is....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hand Ld. AR reiterated the findings of the impugned order. He also relied on the decision in the case of Brook Bond Upton India Ltd. Vs. CER-2012 (283) ELT 336 (All). 5. Heard the parties. Considered the submission. 6. The short issue before us is that whether at the time of opting for area based exemption under notification no. 50/2003-CE the appellant is required to reverse Cenvat Credit attri....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... required to ensure is, that the Cenvat Credit taken by the assessee at the time of the receipt of the inputs is for the manufacture of the final product, on which excise duty is payable. If the excisable duty is withdrawn subsequently, or the final product becomes exempted from payment of excise duty by means of a notification, the Cenvat Credit so taken and utilized cannot be reversed nor can th....