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2018 (4) TMI 1446 - AT - Central ExciseCENVAT credit - duty not required to be paid on finished goods - Revenue has taken the view that such Cenvat Credit is required to be reversed since these inputs have been utilized for the manufacture of finished products which are not required to pay duty - Held that: - the CENVAT Credit which has been availed, has been utilized by reversal for payment of duty on the finished products. Consequently, such CENVAT Credit is to be considered as already reversed and the Revenue is not justified in once again demanding the reversal of such CENVAT Credit. Reliance paced in the decision in the case of Commissioner of Central Excise & Customs, Surat-III vs Creative Enterprises [2008 (7) TMI 311 - GUJARAT HIGH COURT], where it was held that Tribunal is justified in holding that if the activity of the assessee does not amount to manufacture there can be no question of levy of duty, and if duty is levied, Modvat credit can’t be denied by holding that there is no manufacture. Appeal allowed - decided in favor of appellant-assessee.
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