2016 (10) TMI 138

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....he Respondent ORDER Per S. S. Garg The present appeal is directed against the order-in-appeal passed by Commissioner (Appeals) dated 27.07.2012 vide which the Commissioner has rejected the appeal of the appellant and upheld the order of the Additional Commissioner. 2. Briefly the facts of the present case are that the appellant is engaged in the manufacture of circuit breakers, switch ....

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....reversed. The learned Joint Commissioner of Central Excise held that the reversal should have taken place at the time of write off itself and not when the inputs were removed as such. He held that as the amount of CENVAT credit was not debited at the time of write off, the appellant is liable to pay interest from the date on which the write off took place till the date of actual reversal but he di....

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.... reverse CENVAT credit and consequently the question of payment of interest does not arise. 4. For better appreciation it is relevant to reproduce Rule 3(5B) of CENVAT Credit Rules 2004 at the relevant point of time: "3(5B) if value of any, i) input or ii) capital goods before being put to use, on which cenvat credit has been taken is written off fully or whe....

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....d para 14 of the order-in-original. In support of his submission, he relied upon the judgments of this Bench in the case of Sanghavi Engineering Vs CCE [2013(297)ELT 277 (Tri-Bang) wherein in para-2 the Tribunal has observed as under: "2. In view of the cited provisions, it has to be held that, prior to 1-3-2011, a manufacturer of final product who availed Cenvat credit on inputs was not ....