Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (8) TMI 850 - CESTAT NEW DELHICENVAT Credit - import of N-Butyl acetate and selling the same - Whether this activity is trading activity or not - Held that:- appellant after importing N-Butyl acetate in bulk and cleared the same in smaller packs after repacking as such in view of Chapter Note 10 of Chapter 29 the activity carried out by the appellant amounts to manufacture. As such the appellant has rightly cleared the goods on payment of excise duty and availed the Cenvat credit on CVD paid by him. In the alternative, it is contended that even if the plea of the department is accepted that the activity carried out by the appellant did not amount to manufacture the department after having accepted the excise duty is not justified in denying the Cenvat credit on the inputs i.e. N-Butyl acetate. Thus, it is submitted that appellant has a strong prima facie case to justify the waiver of condition of pre-deposit of duty, so far as Cenvat credit in relation to N-Butyl acetate is concerned - Conditional stay granted.
|