COMMISSIONER OF C. EX. Vs. HMT (TD) LTD.

JUDGEMENT

(1.) As common questions of law and facts are involved in the aforementioned appeals, therefore, we propose to decide the same by this single judgment, in order to avoid the repetition. However, for facilitation, the bare minimum facts that need a necessary mention, have been extracted from Central Excise Appeal No. 78 of 2009 titled as Commissioner of Central Excise, Panchkula v. M/s. H.M.T. (T.D.) Ltd., Pinjore. The brief facts, relevant for disposal of the instant appeal emanating from the record, are that respondent-assessee M/s. H.M.T. (T.D.) Ltd., Pinjore (hereinafter to be referred as "the assessee") was engaged in the manufacturing of agricultural Tractors, Tractor parts and Engines, clearing its goods on payment of appropriate Central Excise duty and was availing Cenvat credit on the inputs used in the manufacture of final products.

(2.) The Revenue claimed that the assessee has wrongly claimed the Cenvat credit after the amendment of the scheme vide Notification dated 9-7-2004, amending thereby earlier Notification dated 1-3-2002 specifying NIL rate of duty on the Tractors and parts used within the factory production for manufacturing of final goods. Therefore, a show cause notice (Annexure A/1) was issued to the assessee as to why (i) reversal of the Cenvat credit be not ordered (ii) penalty, personal penalty and interest be not imposed and recovered in this relevant connection.

(3.) In the wake of show cause notice, the assessee filed reply, inter alia, reading as under:-