TMI Blog2017 (1) TMI 1181X X X X Extracts X X X X X X X X Extracts X X X X ..... wder, the appellants are showing the credit attributable to such granules, which are intended for the manufacture of unbranded tanks and are accordingly reversing the same. Such reversal will satisfy the condition of non-avialment of cenvat credit - The ratio of the Hon’ble Supreme Court's decision in the case of Chandrapur Magnet Wires (P) Ltd. [1995 (12) TMI 72 - SUPREME COURT OF INDIA] is right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PVC. They were manufacturing both branded and unbranded storage tanks. For unbranded storage tanks, they were claiming small scale exemption under Notification no.8/03-CE. They were availing cenvat credit on plastic granules. These granules were common inputs for both type of tanks. The Revenue entertained a view that since the cenvat credit has been availed on the inputs, the appellants are not e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ranules, which were reversed. It is the case of the appellant that since no cenvat credit attributable to the inputs used in the manufacture of unbranded tanks has been availed, the bar of non-availment of cenvat credit in terms of SSI exemption has been complied with by the appellant. Ld. Counsel also submitted that for the subsequent period, the demands on the same matter has been dropped by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are using the common inputs - plastic granules in the manufacture of both the tanks. It is also admitted in the show cause notice that at the time of issue of credit availed inputs to the manufacture of intermediate powder, the appellants are showing the credit attributable to such granules, which are intended for the manufacture of unbranded tanks and are accordingly reversing the same. Such reve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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