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2014 (3) TMI 46 - AT - Central ExciseReversal of CENVAT credit - To manufacture the Springs and Press Pans, the respondents procure S.S. Wire from the market - Whether activity drawing of wires from wire rods amounts to manufacture - Held that:- When the Board itself is saying that drawing wire from wire rod amounts to manufacture and if the supplier has issued Cenvatable invoice by paying duty thereon then it cannot be said that he is not required to pay duty and the respondent cannot take the credit - if the activity does not amounts to manufacture the duty paid by the assesse is equal to reverse of credit. The supplier of the wire has paid duty and as per Rule 9 of CENVAT Credit Rules, 2004, if duty has been paid, the assessee is entitled to take credit - Following decision of AJINKYA ENTERPRISES Versus COMMISSIONER OF CENTRAL EXCISE, PUNE-III [2013 (6) TMI 610 - CESTAT MUMBAI] - Decided against Revenue.
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