9911796707
TMI Blog2020 (4) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... ppearance: Mr. S. Thirumalai, Adv for the Appellant Mr. C. Mallikarjuna Reddy A.R. for the Respondent. [ORDER PER: ASHOK JINDAL] Appellant is in appeal against the impugned order where demand of duty has been confirmed against them holding that the activity undertaken by the appellant amounts to manufacture in terms of Section 2(f) of Central Excise Act 1944. 2. The brief facts of the case ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant is not disputing that their activity does not amount to manufacture. The only prayer made by the appellant is that as their activity amounts to manufacture, they are entitled to take CENVAT credit on inputs and input services used in manufacture of such goods. As per the tender clause and various agreements, they were having price variation clause. The benefit of that price variation cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... calation of prices of raw material, the price of finished goods is to be revised and duty is to be paid on higher price. In case the price of raw material falls, the appellant is entitled to claim less amount of the manufactured goods. Therefore, as per the said clause, as per price variation clause, the duty needs to be recalculated as per the amount received from the buyer towards supply of good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by the appellant the same shall be paid along with interest within 30 days of the communication of the adjudication order. 8. Further, we find that this case as the issue is in dispute whether the activity undertaken by the appellant amounts to manufacture or not the same has been settled by this Tribunal vide an order dated 18.02.2010. Therefore, we hold that no penalty is imposable on ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
