TaxTMI 
TaxTMI 
2017 (1) TMI 218
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....VAT Credit Rules 2001. 2. After scrutiny, a show cause notice was issued wherein it was alleged that the respondent during the period June 2001 to February 2002 cleared aluminium circles falling under Chapter sub-heading No. 7606.10 and paid duty @ 2500/- PMT claiming the benefit of Notification No. 3/2000-CE dated 01/03/2000. During the period March 2002 to February 2003 they cleared aluminium utensils falling under Chapter sub-heading 7615.10 of Central Excise Tarrif Act and paid duty @ 4% ad valorem claimed exemption of Notification No. 10/2002 dated 01/03/2002 and during March 2003 to June 2003 cleared aluminium circles falling under Chapter sub-heading 7606.10 of Central Excise Tariff and paid duty @ 2500/- PMT claiming exemption unde....
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....ustries v. Commissioner of Central Excise, Haryana 2011 (265) ELT 14 (SC); ii. Kartar Rolling Mills v. Commissioner of Central Excise, New Delhi 2008 (9) STR 307 (SC); iii. Orient Traders v. Commercial Tax Officer, Tirupati 2009 (237) ELT 447 (SC); iv. Commissioner of Central Excise, Pondicherry v. Honda Siel Power Products Ltd 2015 (323) ELT 644 (SC); v. Commissioner OF Central Excise, Mumbai - IV v. Dilip Chhabaria Designs Pvt Ltd 2015 (323) ELT 565 (Bom.); vi. Eagle Flask Industries Ltd v. Commissioner of Central Excise, Pune 2004 (171) ELT 296 (SC) 4. We have carefully considered the submissions made by the learned AR, perused the impugned order and appeal records. We find that there is no dispute that all the three Notifications ....
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.... in case of Chandrapur Magnet Wire Pvt Ltd 1996 (81) ELT 3 wherein the Hon'ble Court has held that once the credit is reversed the inputs become as if no credit was availed. However in this case the credit was reversed prior to removal of the exempted goods but following the principle laid down by the Supreme Court subsequently in case of Franco Italian Supra it was held that even if the credit is reversed at the appellate stage the benefit would be admissible to the appellant. The said judgment was cited and relied upon by the Hon'ble Allahabad High Court in 2004 (174) ELT 422" 6. From the above findings of the impugned order, it can be seen that the learned Commissioner (Appeals) very carefully applied his mind and considering the judgm....