2017 (10) TMI 960

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....ellant. Shri M.R. Sharma, Authorized Representative (DR) - for the Respondent. ORDER Per. B. Ravichandran : The appeal is against order dated 06/06/2015 of Commissioner of Central Excise (Appeals), Jaipur. The appellants were engaged in the manufacture of synthetic filament yarn of polyester liable to Central Excise duty. They have availed exemption under Notification 6/2002 dated 01/0....

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....longwith penalty of equivalent amount. 2. The learned Counsel appearing for the appellant submitted that the NCCD was introduced for the first time on the inputs used by the appellant w.e.f 01/03/2003 and there was some ambiguity regarding availment of credit on such duty. The appellants informed the Department and availed a credit of Rs. 1,01,632/-. When the issue regarding non-entitlement for....

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....mption irrespective of availing the credit of NCCD on the inputs. Admittedly, availing credit of NCCD will debar the appellant from claiming exemption under notification 6/2002. Having realized the said position, the appellants fully reversed the credit amount of Rs. 1,01,632/-. We note that the Hon'ble Supreme Court in Chandrapur Magnet Wires Ltd. (supra) as well as Hon'ble Allahabad High Court i....