2010 (8) TMI 954

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....ri K.I. Vyas, Adv. for the Assessee; For the Respondent:  Shri Avinash Thete, SDR for the Revenue. Per: Mrs. Archana Wadhwa: All the three appeals filed by Revenue are being disposed off by a common order, as they arise out of same impugned order passed by Commissioner (Appeals), vide which he has set aside the order passed by original adjudicating authority, denying the excess Cenva....

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.... respect of finished goods lying in stock. 3. On the above basis, the proceedings were initiated against them resulting in passing of an order by the Assistant Commissioner, confirming the excess credit and imposing penalty. 4. On an appeal against above, the Commissioner (Appeals) allowed the appeals by observing as under: "8. It is not disputed that the appellant was given Central Excis....

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....as such to other mills by reversing the Cenvat Credit taken, the lower authority has held that the declared stock are not inputs, in fact the declared stock is their finished goods and hence Cenvat Credit is admissible only at the lower rate applicable to finished products. 9. The crux of the issue is whether the stock of grey fabrics is to be considered as inputs or finished products. The appe....

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....r final products as MMF. The adjudicating authority has not given cogent findings that the declared stock is their finished goods.  He is of the view that the appellant is a manufacturer of the grey fabrics and having stock of grey fabrics.  He has considered these goods as finished goods and accordingly held that they were entitled to credit as per Serial No.2 of the said notification.&....