2019 (8) TMI 201

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.... RAMESH NAIR : The brief facts of the case are that the appellant is engaged in the manufacture of Polyester Texturised Yarn falling under Chapter 60 of Central Excise Tariff Act, 1985. They were availing Cenvat credit of inputs used in manufacture of final products and capital goods for the period 09.07.2004 to February 2007. They availed benefit of Notification No. 29/2004-CE dated 09.07.2004 ....

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....ion of credit. 2. Shri S.J. Vyas, Ld. Counsel appearing on behalf of the appellant submits that in the present case the allegation is of wrong utilization of credit which was supposed to be elapsed as per show cause notice dated 03.04.2012. He submits that as regards the show cause notice dated 03.04.2012, the matter reached up to this Tribunal and this Tribunal by order No. A/10640-10642/2019 da....

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....le 11 (3)(i) of Cenvat Credit Rules, 2004 and also by following the ratio of judgments in the case of Wearit Global Limited - 2018 (8) TMI 1094- CESTAT, Janson Textile Processors - 2018 (7) TMI 850- CESTAT-Chennai and Sitaram India Limited - 2018 (10) TMI 11-CESTAT-New Delhi. The operative portion of the said order is as follows:- "6. Heard both the sides and perused the records. We find that th....

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....dated 09.07.2004. Therefore, the balance credit is not liable to be reversed. For the same reason the credit utilised by him for clearance of finished goods or capital goods. We also find that on similar issues in the case of Wearit Global Ltd. 2018 (8) TMI 1094-CESTAT, Janson Textile Processors 2018 (7) TMI 850-CESTAT-Chennai and Sitaram India Ltd. 2018 (10) TMI 11-CESTAT-New Delhi, the credit st....