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TMI Blog2015 (3) TMI 657X X X X Extracts X X X X X X X X Extracts X X X X ..... h, Mr Prasad Paranjape & Mr Jas Sanghavi ORDER P.C. This Appeal by the Revenue challenges the order passed by the Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ), West Zonal Bench at Mumbai in Appeal No. E/21/2009. By the impugned order dated 12th November, 2013, the Bench of the Tribunal allowed the Appeal of the Respondent Assessee . 2. The facts in the background of which thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was that what it undertook is manufacture and the activities fall within section 2(f) of the Central Excise Act, 1944. A new commodity wholly marketable and known to the commercial world comes into existence. Therefore, it is entitled to avail of the credit on the inputs and raw material cost. The Revenue thought otherwise and issued show cause notice calling upon the Assessee to reverse the Modv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacture. It has distinguished the Judgment of the Hon'ble Supreme Court by making specific reference to not only the process undertaken by the Assessee , but its activities as a whole. It concluded that the film that the Assessee procures is nothing but a raw material or input on which several processes are undertaken so as to eventually transform it into package material of several shapes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation in this Appeal. The Appeal is devoid of merits. We are surprised that such an Appeal has been brought by the Revenue . For, once it is the Assessee who admits that what he is doing is manufacture of goods and products which are sold and marketable and known to the market as such. In the circumstances a clear rethink is necessary when blindly some ratio of a Judgment of the Hon'ble Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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