2015 (10) TMI 2395

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....mber For the Petitioner : Mr. K. S. Naveen Kumar, Advocate & K.S. Ravi Shankar For the Respondent : Mr. N. Jagadish, Superintendent (AR) ORDER Per : ARCHANA WADHWA The appellant is engaged in the manufacture of PD pumps and its spare parts. Till September 2002, the appellant was working under SSI Notification. After crossing the exemption limit, the appellant came under excise net. ....

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....t of Notification No.10/2002-CE would not be available to them. When an audit objection was raised by the Revenue, the appellant reversed the CENVAT credit of around Rs. 40,000/- relatable to the inputs used in the manufacture of PD pumps in April 2003. Not satisfied with the said reversal, Revenue initiated proceedings against the appellant for denial of the benefit of Notification No.10/2002-CE ....

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....mps as also in the manufacture of spares parts. Subsequently, the entire credit stands reversed by them. By relying upon various decisions of the Hon'ble Courts, he submits that the reversal of the entire credit made by them leads to a conclusion that no credit was ever availed by them. He makes it clear that even the credit which they were entitled to, for utilization for payment of duty in respe....

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....he credit in respect of common inputs used in the manufacture of dutiable as also exempted final product. They initially reversed the CENVAT credit relatable to the inputs used in the manufacture of the exempted final product but subsequently they reversed the entire credit, even the one which was relatable to the inputs used in the manufacture of spare parts. The Hon'ble Supreme Court in the case....