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2015 (12) TMI 1400 - CESTAT MUMBAI

2015 (12) TMI 1400 - CESTAT MUMBAI - 2016 (332) E.L.T. 165 (Tri. - Mumbai) - Denial of CENVAT Credit - the case of the Revenue that Associated Capsules Ltd. was not manufacturing aluminium foils but was engaged in cutting/slitting jumbo rolls into smaller rolls and the said activity does not amount to manufacture and the duty discharged by M/s Associated Capsules Ltd. is not Central Excise duty. - Held that:- department filed an appeal against the order of the Commissioner dropping the proceedin .....

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the ground that Associated Capsules could not have discharged duty, is now set aside. - Decided against Revenue. - Appeal No. E/1795/2010 - Final Order No. A/3656/2015-WZB/SMB - Dated:- 29-10-2015 - M. V. Ravindran, Member (J) For the Appellant : Shri H M Dixit Assistant Commissioner (AR) For the Respondent : Ms. Tejus Golchha, Chartered Accountant ORDER Per M. V. Ravindran This appeal is filed by the Revenue against Order-in-Appeal No. AKP/202-203/NSK/2010 dated 16/07/2010 passed by the Commiss .....

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inium foils but was engaged in cutting/slitting jumbo rolls into smaller rolls and the said activity does not amount to manufacture and the duty discharged by M/s Associated Capsules Ltd. is not Central Excise duty. The adjudicating authority confirmed demand on the ground that a show cause notice has been issued to M/s Associated Capsules Ltd. to hold that the amounts paid by them as duty on the slittedaluminium foil is not duty, but a deposit made to the department and it was made on their own .....

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