2015 (10) TMI 1033

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.... Rules, 2002 and also be amending Rule 2,4,6,and 7 of these Rules. 1.1 In terms of sub Rule (1) of Rule 9A of these rules, a manufacturer of processed fabrics falling under chapter 50, 51, 52, 53, 54, 55, 58, 59 or 60 of the tariff shall be entitled to avail cenvat credit equal to the duty paid on the inputs lying in stock or in process or contained in finished products lying in stock as on 31.03.2003 upon filing a written declaration regarding the description, quantity and value of the stock of inputs (whether lying in stock or in process or contained in the finished products lying in stock) and subject to the availability of the documents evidencing actual payment of duty thereon. Under sub rule (2) of Rule 9A notwithstanding anything ....

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....he Department alleges that the excess value which had been included for calculation of the quantum of the cenvat credit is in respect of cost of colours and chemicals and processing charges. 2. Heard both the sides. 3. Ms. Priyanka Goel, Advocate, the Ld. Counsel for the appellant pleaded that the appellant have taken cenvat credit only in respect of the inputs and in respect of the inputs in process they have not included the value of the colours, processing chemicals and processing charges. According to the Ld. Counsel for the appellant, the Department's allegation that the appellant have taken cenvat credit on the excess value of Rs. 27,75,141/- which according to the Department is the value of the colour and chemicals and proc....