2018 (3) TMI 341

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....llant Shri K Govindappa, Superintendent /AR for the Respondent ORDER [ Order Per : C J Mathew, Member ( Technical ) ] 1. Appeal of M/s Matrix Laboratories Limited challenges order-in-original no. 63/2011 (MP) dated 19th December 2011 of Commissioner of Central Excise, Customs & Service Tax, Visakhapatnam-I which, while disposing off two show cause notices pertaining to availment of CEN....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s export goods are not describable as exempt and goods cleared into domestic tariff area were no longer eligible for exemption accorded by notification no. 04/2006-CE dated 1st March 2006. It is his further submission that the adjudicating authority premised its decision on two counts, viz. that the inputs should have been eligible for availment of CENVAT credit at the time of receipt in the facto....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ment of CENVAT credit was not in accordance with law. 5. It is not in dispute that CENVAT credit was availed by the appellant only to the extent of inputs that were either lying in stock or had been utilised in the manufacture of goods that remained uncleared as on 6th December, 2007 on conversion as an 100% Export Oriented Unit. Under section 3 of Central Excise Act, 1944, such units clearing ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the goods lying in stock, or under utilisation, after entitlement to credit was restored to appellant. The decisions of the Tribunal in Steel Authority of India Limited and Jayaswal Neco Industries Limited are abundantly clear that such a time limit does not exist in law. CENVAT credit is a statutory scheme that was envisaged to avoid the cascading effect of taxation and it would be contrary to t....