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2015 (12) TMI 254 - AT - Central ExciseCENVAT Credit - Captive consumption - whether the assessee have availed CENVAT credit correctly or otherwise when the activity undertaken by them on the inputs according to revenue does not amount to manufacture - Held that:- During the period post 24.06.2010, assessee had cleared the products as manufactured products on payment of appropriate duty, which was more than the CENVAT credit availed by them on the inputs which were used. The ratio of the Hon ble High Court’s judgement in the case of Ajinkya Enterprises (2012 (7) TMI 141 - BOMBAY HIGH COURT) would be applicable in the case in hand as in that case also the issue was regarding oiling and pickling, cutting and slitting of H.R./C.R. Coils is the same. - Tribunal in the case of R.B Steel Services (2015 (1) TMI 292 - CESTAT NEW DELHI) were also considering an identical issue in respect of process of conversion of black bars/rods into bright bars and availment of CENVAT credit on the inputs. The Tribunal after considering the issue and the case law, relied upon the judgement of the Hon’ble High Court of Bombay in the case of Ajinkya Enterprises (supra) stated that the issue is no more res integra. - Impugned order is set aside - Decided in favour of assessee.
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