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2018 (2) TMI 463

Head Note:
CENVAT credit - after availing the benefit of Cenvat credit of duty on the inputs, cleared the inputs as such “as such”, after reversing the credit so availed - Revenue is of the view that such removal of inputs has to be treated as a trading activity so as to make the appellant liable to pay an amount equal to 5%/6% of the value of the goods in terms of the provisions of Rule 6(3) of the CCR 2004 - Held that: - the issue stands covered by the Tribunal decision in the case of Commissioner of Central Excise & Service Tax, Ghaziabad Versus Mahaveer Cylinders Ltd. [2016 (11) TMI 1336 - CESTAT ALLAHABAD] laying down that removal of inputs “as such” by a manufacturer cannot be treated to be a trading activity - appeal allowed - decided in favor of appellant.


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