Central Excise - Levy of Central Excise duty on crystallizing coated ammonium nitrate and allowing of Modvat Credit of such duty - Clarification regarding
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Process of manufacture clarified: converting ammonium nitrate melt into crystalline coated product is not manufacture, impacting excise duty and MODVAT. Conversion of ammonium nitrate melt into crystalline coated ammonium nitrate does not constitute a process of manufacture; accordingly, prior Board instructions that no Central Excise duty is chargeable on product obtained from duty-paid melt and that MODVAT credit, if paid, should not be allowed apply mutatis mutandis to the crystalline coated product, and field formations should finalise pending assessments on that basis.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Process of manufacture clarified: converting ammonium nitrate melt into crystalline coated product is not manufacture, impacting excise duty and MODVAT.
Conversion of ammonium nitrate melt into crystalline coated ammonium nitrate does not constitute a process of manufacture; accordingly, prior Board instructions that no Central Excise duty is chargeable on product obtained from duty-paid melt and that MODVAT credit, if paid, should not be allowed apply mutatis mutandis to the crystalline coated product, and field formations should finalise pending assessments on that basis.
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