TMI Blog2016 (12) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... ifies that the assessee would be entitled to the facility of Rule 16 of Central Excise Rules, 2002 - appeal is allowed - decided in favor of appellant-assessee. - E/76087/16 - FO/A/76302/2016 - Dated:- 16-12-2016 - Dr. Satish Chandra, President And Shri Ashok K. Arya, Member (Technical) Shri S.P.Siddhanta, Consultant for the Appellant Shri S.Mukhopadhyay, Supdt. (AR) for the Revenue ORDER Per: Shri Ashok K. Arya M/s.SRC Udyog Ltd. (now M/s.SRC Steels Pvt.Ltd. and renamed as M/s.Hanumanta Engineering Pvt.Ltd.) is in Appeal against Order-in-Original No.23-25/COMMR/CE/KOL-II/Adjn/2015-16 dated 31.03.2016 passed by the Commissioner of Central Excise, Kolkata-II. 2. The Appellant has been represented by Shri S.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T Credit amounting to ₹ 10,04,67,657/- and demand has been confirmed of the said amount along with interest. Being aggrieved, the Appellant has filed the present Appeal. 4. With this background, we heard both the parties and gone through the record from which it appears that the matter is covered in favour of assessee-appellant by the ratio laid down in the following case laws:- a) Ajinkya Enterprises vs. Commissioner of Central Excise, Pune-III[2013(288)E.L.T.247(Tri.-Mumbai)] b) Commissioner of Central Excise, Pune-III vs Ajinkya Enterprises [2013(294)ELT 203 (Bombay High Court)] c) Premier Conveyors P. Ltd. vs Commissioner of Central Excise, Thane-I [2015(38) STR 171 (Tri.-Mumbai)] d) Markfed HDPE Sacks ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture as held by the Courts subsequently, and facts of the case are covered by the provisions of Section 5B of the Central Excise Act, 1944, the assessee is at liberty to approach the Central Govt. for issue of appropriate notification for regularization of the Cenvat Credit availed. 4.3 Considering the similar facts the Hon'ble Bombay High Court in the case of Commissioner of Central Excise, Pune-III Vs. Ajinkya Enterprises (supra) in paras 9 10 has observed as under:- 9. It is relevant to note that the Board in its Circular dated 7th September, 2001 had only held that the activity of cutting/slitting of HR/CR coils into sheets or strips constitutes manufacture. Admittedly, the assessee had carried on additional activi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d - 2004 (178) E.L.T. 167 (T) and a decision of the Gujarat High Court in the case of CCE v. Creative Enterprises reported in 2009 (235) E.L.T. 785 (Guj.) has held that once the duty on final products has been accepted by the department, CENVAT credit availed need not be reversed even if the activity docs not amount to manufacture. Admittedly, similar view taken by the Gujarat High Court in the case of Creative Enterprises has been upheld by the Apex Court [see 2009 (243) E.L.T. A121] by dismissing the SLP filed by the Revenue. 5.1 Considering the above discussions and following the observations of Hon'ble Bombay High Court (supra) and the case laws mentioned above, the impugned order is set aside and the Appeal is allowed w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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