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2010 (3) TMI 553 - AT - Central ExciseManufacture - Swastik Engineering, Bangalore are engaged in the manufacture of brass strips, phosphor bronze strips and copper strips falling under chapter sub-heading 7409 21 00, 7409 11 00 and 7409 31 00 respectively. The Commissioner of Central Excise, Bangalore-II Commissionerate, confirmed demand of Rs. 3,50,33,094/- under Rule 14 read with proviso to Section 11A of the Central Excise Act, 1944 (the Act), as irregular credit availed by it. Held that - no new goods emerged in the process. Impugned activity did not entail production of material with new name, characteristic and use, different from inputs. Cenvat credit involved recoverable u/s 5B of Central Excise Act, 1944 subject to provisions of section 11A and 11AB.
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