TMI Blog2011 (1) TMI 1315X X X X Extracts X X X X X X X X Extracts X X X X ..... This application filed by M/s. Maini Precision Products Pvt. Ltd., Bangalore seeks waiver of pre-deposit and stay of recovery of an amount of ₹ 2,41,04,446/- being Cenvat credit found to have been irregularly availed by the appellant during the period 1-4-2004 to 31-3-2006 applicable interest demanded under Rule 14 of Cenvat Credit Rules, 2004 (CCR), and equal amount of penalty as Cenvat cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n them could not be availed as credit. The demand on this account works out to ₹ 2,40,75,746/-. An amount of ₹ 28,700/- has been demanded finding the same to be inadmissible Cenvat credit taken by the assessee suo motu without appropriate duty paying documents. 2. After examining the case records and after hearing both sides, we find that the assessee received certain goods such as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied out with drawings for supply of parts of fork lift trucks, automobile, I.C. engine, refrigerator, fuel engine, etc. From the literature on the operations and communications from customers furnished, we find that the operations such as drilling, threading, burring, grinding, etc. involved are essential to bring out the goods as per the purchase orders. Some of these activities involve high prec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3. We are of the prima facie view that in view of the above note, essential activities undertaken on the inputs received by the assessee to render products marketable constitute process of manufacture and that the applicant is entitled to the Cenvat credit denied and demanded in the impugned order. We also note that in case of similar activities, the Tribunal in Western Refrigeration Pvt. Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X
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