https://www.taxtmi.com/caselaws?id=176591 Profile cutting of M.S. sheets and plates into profiles, circles, angles and similar products was treated in earlier Tribunal rulings as manufacture, supporting the assessee's prima facie case against the duty demand. Even on the department's alternative view that the activity was not manufacture, the credit dispute was neutralised because the goods were cleared on payment of duty exceeding the credit availed, and Rule 3(5) of the Cenvat Credit Rules, 2005 supports payment of an amount equal to the credit when inputs are cleared as such. On that basis, the Tribunal waived pre-deposit of the confirmed duty, interest and penalty and stayed recovery. en-us Mon, 09 Feb 2015 00:00:00 +0530 Thu, 24 Dec 2015 23:19:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=176591 Profile cutting of M.S. sheets and plates into profiles, circles, angles and similar products was treated in earlier Tribunal rulings as manufacture, supporting the assessee's prima facie case against the duty demand. Even on the department's alternative view that the activity was not manufacture, the credit dispute was neutralised because the goods were cleared on payment of duty exceeding the credit availed, and Rule 3(5) of the Cenvat Credit Rules, 2005 supports payment of an amount equal to the credit when inputs are cleared as such. On that basis, the Tribunal waived pre-deposit of the confirmed duty, interest and penalty and stayed recovery. Case-Laws Central Excise Mon, 09 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=176591