MAHINDRA GUJARAT TRACTORS LTD. Vs. CCE

JUDGEMENT

(1.) THIS appeal has been filed by the appellant with respect to OIA No. Commr(A)/205/VDR -I/2007 dt.28.09.2007 issued on 16.10.2007 under which appeal filed by the appellant was rejected by the first appellate authority.

(2.) THE facts of the case are that the appellant M/s. Mahindra Gujarat Tractor Ltd. Vadodara were manufacturing tractors which got exempted as per Notification No. , dt.09.07.2004. Appellant stopped availing benefit of CENVAT Credit on the inputs received w.e.f. 09.07.2004 for the manufacture of exempted tractors. Appellant on their own calculated the CENVAT Credit attributable to the inputs lying in stock as well as in the finished goods on 08.07.2004 and reversed an amount of Rs.9,28,813/ - on 08.07.2004, Rs.28,09,000/ - on 11.07.2005, and a further sum of Rs.3,79,312/ - was paid on 05.12.2005 through PLA on account of interest. Subsequently, appellant realized that CENVAT Credit with respect to the goods lying in stock, as well as those contained in the finished goods, on the date of exemption was not required to be reversed/paid in view of the Larger Bench decision in the case of CC  Rajkot Vs. Ashok Iron & Steel Fabricators Pvt.Ltd [ : 2002 (140) ELT 227 (Tri -LB)] and accordingly filed refund claim. Refund claim of the appellant was rejected as per OIO No.REFUND/13/53/2007 -08, dt.24.04.2007 which was upheld by the first appellate authority under the impugned OIA dt.28.09.2007 issued on 16.10.2007 against which the present appeal has been filed by the appellant.

(3.) HEARD ld. A.R. on behalf of the Revenue and perused the case records. Appellant did not appear for hearing today when the case was called for hearing. It is also observed from the case records that when the case was earlier fixed for hearing on 04.08.2014, none appeared on behalf of the appellant. The conduct shown by the appellant indicates that he is not interested in pursuing his appeal.