9911796707
TMI Blog2019 (3) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... Nitin N Mehta, Adv For the respondent: Shri K.J. Kinariwala, Asst. Commr. (AR) ORDER Per: Ramesh Nair The appellants are engaged in the activity of purchasing layflat tubing, converting by slitting small bags and selling the same on payment of duty. They are also purchasing shrink caps which after inspection and packing into bags sold to the customers on payment of duty. Similarly they are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undergone manufacture, the CENVAT Credit is admissible. He also submits that in cases where the activity does not amount to manufacture, the CENVAT Credit on the bought out duty paid goods is permitted under Rule 16 of Central Excise Rules 2002. In support of his submission, he placed reliance on the following judgments: 1. Creative Enterprises- 2009 (235) ELT 785 (Guj.) 2. Creative Enterprises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 2002 which is reproduced below: "Rule 16. Credit of duty on goods brought to the factory. - (1) Where any goods on which duty had been paid at the time of removal thereof are brought to any factory for being re-made, refined, re-conditioned or for any other reason, the assessee shall state the particulars of such receipt in his records and shall be entitled to take CENVAT credit of the dut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of sub-rule (1) and sub-rule (2), the assessee may receive the goods for being re-made, refined, re-conditioned or for any other reason and may remove the goods subsequently subject to such conditions as may be specified by the Commissioner." On plain reading of above rule, we observe that an assessee is permitted to bring the bought out goods and avail CENVAT credit on it and after any p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
