TMI Blog2014 (2) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant is rightly eligible for the Cenvat Credit taken - Held that:- In view of Notification NO. 24/2002-CE dated 19/04/2012, the respondent herein is not required to reverse the Cenvat Credit taken of the excise duty or CVD paid on the materials procured by them for undertaking the job-work on which they have discharged excise duty liability. The demand is also for the period up to 15/03/2012. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ginal NO.06/CEX/2007 dated 16/03/2007 passed by Commissioner of Central Excise, Pune. 2. The facts relevant to the case are as follows:- 2.1 The respondent, M/s. Associated Capsules Ltd. are engaged in the manufacture of HG Capsules and they have packing films division and capsules division in their factory, where they undertake cutting and slitting of jumbo rolls of aluminium foil rolls into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion of the Revenue that in the case of S.R. Tissue Pvt. Ltd., the Hon'ble Apex court has held that cutting and slitting of jumbo of rolls aluminium foils into smaller size would not amount to manufacture. In view of the Apex Court's decision, the findings of the adjudicating authority that the activity would amount to manufacture is incorrect and therefore, the impugned order be set aside. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it of said notification. However, with regard to the condition (c) it is the submission of the Ld. AR that matter needs to be verified by the adjudicating authority. 5. The Ld. Counsel for the respondent submits that they have not preferred any refund claim of the excise duty paid by them on the final product. Therefore, they are eligible for the benefit of the said exemption. 6. We have caref ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
