2004 (3) TMI 176

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....wal, Member (T)]. - This is an appeal filed by the Revenue against Order-in-Appeal No. 277/2003, dated 30-6-2003 by which the Commissioner (Appeals) has allowed Modvat credit to the Respondents M/s. Explicit Trading & Marketing (P) Ltd. 2. When the matter was called no one was present on behalf of the Respondents. Shri Balbir Singh, learned Advocate, by his letter dated 9-3-2004 has requested f....

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....f Cenvat Credit taken by them on inputs used in the manufacture of finished goods which were lying in stock as on 1-3-2001 as well as the stock of inputs as on 1-3-2001; that the Commissioner (Appeals), under the impugned Order, has set aside the Adjudication Order following the decision of the Larger Bench of the Tribunal in the case of CCE, Rajkot v. Ashok Iron & Steel Fabricators, 2002 (140) E.....

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.... by them were chargeable to Central Excise duty. Subsequently w.e.f. 1-3-2001 Fruit Pulp/Juice based drinks manufactured by them were exempted from payment of duty. The Revenue has sought demand only in respect those inputs which were lying unutilized and the inputs which were contained in the finished goods still lying in stock with the Respondents. The inputs which were lying in stock are going ....

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....t very evident that Cenvat credit shall not be allowed on such quantity of inputs which is used in the manufacture of exempted goods. We agree with the findings in the impugned Order that the decision in Premier Tyres Ltd. and consequently decision in Ashok Iron and Steel case, is not applicable as these decisions were passed on the ground that there was no provision for reversal of credit. Now th....