https://www.taxtmi.com/caselaws?id=334122 Mere physical, magnetic, electrostatic or mechanical separation of mineral sands from beach sand, without creating a new marketable product or chemical transformation, does not amount to manufacture. On that basis, CENVAT credit already utilised for duty payment on domestic and export clearances was not recoverable in the facts considered, because duty had been accepted on the final product. The balance of unutilised credit was held to lapse under Rule 11(3) of the CENVAT Credit Rules, 2004. The penalty was set aside, granting only limited relief while sustaining the findings on non-manufacture and lapse of unutilised credit. en-us Mon, 12 Sep 2016 00:00:00 +0530 Fri, 04 Nov 2016 09:37:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=334122 Mere physical, magnetic, electrostatic or mechanical separation of mineral sands from beach sand, without creating a new marketable product or chemical transformation, does not amount to manufacture. On that basis, CENVAT credit already utilised for duty payment on domestic and export clearances was not recoverable in the facts considered, because duty had been accepted on the final product. The balance of unutilised credit was held to lapse under Rule 11(3) of the CENVAT Credit Rules, 2004. The penalty was set aside, granting only limited relief while sustaining the findings on non-manufacture and lapse of unutilised credit. Case-Laws Central Excise Mon, 12 Sep 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=334122