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2016 (11) TMI 1610 - JHARKHAND HIGH COURTWhether the Tata Ryerson Ltd. (assessee), who ceases to be manufacturer of excisable goods under section 2(f) of the Central Excise Act, 1944 with effect from 02/03/2005 in view of Board's Circular No.811/8/2005-CX dated 02/03/2005, was permitted under law to take Cenvat Credit, on or after 02/03/2005, on the excisable goods (i.e. HR/CR Coils) which were received by them from Tisco after payment of duty, for slitting and cutting, since Rule 3 of the Cenvat Credit Rules, 2004 allowed only manufacturer of excisable final product to take credit? HELD THAT:- It appears that HR Coils – the goods which are prepared by the respondent, is not an exempted goods at all as per definition given under Rule 2(d) of the Cenvat Credit Rules, 2004. Hence, there is no applicability of Rule 6(1) of the Cenvat Credit Rules, 2004, whatsoever arises. Moreover, it appears that the preparation of the HR Coils by the respondent is not manufacturing of goods at all, because, it is simply cutting, slitting and strengthening of HR Coils purchased from Tata Steel. Appeal dismissed - decided against Revenue.
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