TMI Blog2017 (11) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... en availing credit of duty paid on HR/CR coils cannot be faulted - appeal allowed - decided in favor of appellant. - E/3217/2007-SM - A/57508/2017-SM[BR] - Dated:- 31-10-2017 - Mr. M.V. Ravindran, Member (Judicial) None - for the appellant Shri U. Sengraj, AR - for the respondent ORDER Per: M.V. Ravindran 1. This appeal is directed against Order-in-Appeal No.335/2007 dated 26/11/2007. 2. None appeared on behalf of the appellant despite notice. Since the issue is in a narrow compass and matter has been remanded by the Hon ble High Court of Madhya Pradesh, I take up the appeal for disposal even in the absence of any representation. 3. Heard the Ld. Departmental representative and perused the records. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bert David Ltd. - 2003 (151) ELT 443 for this preposition. 6. On careful consideration of the submissions made by Ld. DR, I find that the First Appellate Authority s view as to discharge of duty liability on the finished goods which are exempted, cannot be considered as reversal of Cenvat credit is contrary to the law settled by the judgment of Hon ble High Court of Bombay in the case of Ajinkiya Enterprises - 2013 (294) ELT 203 (Tri-Mumbai). I reproduce the relevant paragraph 9 10. 9. It is relevant to note that the Board in its Circular dated 7 th 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 addi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal), M.P. Telelinks Limited - 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. 7. As regards the decisions relied upon by the Ld. Departmental Representative I find the issue involved in the case as per facts and circumstances, is covered by the judge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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