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2015 (10) TMI 1290 - AT - Central ExciseMODVAT Credit - cum duty benefit - penalty under Rule 173Q - manufacturing of corrugated galvanised sheet from plain galvanised sheet - held that:- The order of the Commissioner was not set aside, the matter was sent back only for redetermination keeping in view the cum duty benefit and extending the benefit of modvat credit. In view of the said factual position and keeping in view the Explanation 1 of the Section 11AA as also the observation of the Hon'ble Bombay High Court [2009 (10) TMI 257 - BOMBAY HIGH COURT ], we are of the view that the appellant is required to pay interest under Section 11AA on the redetermined duty with reference to the date of passing of the first order and not with reference to the passing of impugned order till the date of payment of the said amount As far as the question whether corrugated steel sheets amounts to manufacture or not it has been consistent stand of the Tribunal as also the P&H High Court that the said activity amounts to manufacture. Appellant has not been able to produce any judgment taking a contrary view. The fact that the issue has been remanded by the Hon'ble Supreme Court in the case of Vardhaman Industries Ltd. (2008 (3) TMI 51 - SUPREME COURT) is in different context and in any case the Hon'ble Supreme Court has not said that the corrugation will not amount to manufacture. Moreover, we find that the said judgment is of 2008 while the dispute in this case pertains to the period of 1997. No judgement passed during 1996 or 1997 has been produced to support the contention. - However, penalty is reduced - Decided in favour of assessee.
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