TMI Blog2017 (2) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... tical case, has held that Cenvat credit on the inputs used in the process which does not amount to manufacture, is admissible - credit allowed - appeal allowed - decided in favor of appellant. - E/1436/12 - A/85260/17/SMB - Dated:- 6-1-2017 - Mr. Raju, Member (Technical) None for appellant Shri Sanjay Hasija, Supdt, (AR) for respondent Per: Raju 1. The appellant, M/s. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ze the said products will be of no commercial use. It was argued that they were issuing invoice under a bonafide belief that they are manufacturer and could have issued invoices and therefore, extended period cannot be invoked. 4. Ld. AR relies on the impugned order. He argued that the process of cutting/slitting cannot be as has been held by the Apex Court in the case of SR Tissues Pvt. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itled to take Cenvat credit of the duty paid as if such goods are received as inputs under the Cenvat Credit Rules, 2002 and utilise this credit according to the said rules. (2) If the process to which the goods are subjected before being removed does not amount to manufacture, the manufacturer shall pay an amount equal to the Cenvat credit taken under sub-rule (1) and in any other case the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed on the duty paid material treating it as inputs for the purpose of various processes and after processing if the activity is not amount to manufacture the assessee is required to clear such processed goods on payment of duty which is equal to Cenvat credit and if the activity is amount to manufacture then excise duty is required to be paid on transaction value. As per this clear provision, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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