COMMISSIONER OF CENTRAL EXCISE, VAPI Vs. SCHWABE INCOATS

JUDGEMENT

(1.) BEING aggrieved with that part of the impugned order of the Commissioner (Appeals) vide which he has held that inputs lying in the factory premises but not used in the manufacture of final product and which stands written off in their records cannot be called upon to pay back the modvat credit involved on the same. After hearing the ld. DR, I agree with Commissioner (Appeals) that inputs are still within the factory premises and have not been cleared from their factory so as to reverse the credit taken. As long as inputs are lying in the factory premises, even though they are written off in their records, the duty demand cannot be made against them. As such, I find no merits in the Revenues appeal and reject the same.