2014 (3) TMI 1054

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....na Ghokhaley, Counsel, For the Appellant. M/s. Lakshmi Kumaran & Sridharan, Counsel, for the Respondent JUDGMENT: (PER THE HON'BLE SRI GC, J) This Central Excise Appeal is filed raising the two questions of law, which are set out below. "(a) Whether the Customs, Excise, Service Tax Appellate Tribunal, South Zonal Bench at Bangalore was right in dismissing the appeal filed by t....

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....reme Court judgment in the case of M/s.Chandrapur Magnet Wires (P) Ltd, is not applicable to the present case." A perusal of the order of the Tribunal would reveal that after hearing the both sides, the Tribunal dismissed the appeal of the Department recording that the said case is covered by the ratio laid down in the case of GLAXOSMITHKLINE CONSUMER HEALTHCARE LIMITED Vs. CCE, VISAKHAPATNAM (....

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....rther, the first appellant, Commissioner Appeals, referred to the circular No.591/28/2001-Cx, dated 16.10.2001, which reads as under. "The matter has been examined in the Board. It is stated that the basic principles underlying the Cenvat Scheme is that credit is admissible if duty is paid on final products. Attention is drawn to Sub-Rule (1) of Rule 6 of the Cenvat Credit Rules, 2001, wh....

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....ufacture of exempted goods. Consequently, where the assessee has not paid the amount, the availment of the corresponding credit on inputs is incorrect. The recovery of such credit taken incorrectly is squarely covered by the provisions of Rule 12 (erstwhile Rule 57I). Necessary action may be taken accordingly." After referring to the above circular, Commissioner Appeals had held as under: ....