2009 (7) TMI 646

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....0-2004 was issued proposing to disallow and to recover the Cenvat credit amounting to Rs. 1,75,481/- under Rule 12 of Cenvat Credit Rules, 2002. It has been alleged that the amount of Rs. 27,445/- was collected by the respondents from the customers as central excise duty by debiting from Cenvat account after the decision of the Hon'ble Supreme Court is liable to be recovered in cash under Section 11D of the Central Excise Act, 1944. Original authority disallowed the credit of Rs. 1,315/-. He also appropriated the amount of Rs. 27,445/- debited by the respondents on the goods exported in Government account. He further dropped the demand of interest. A penalty of Rs. 500/- was imposed under Rule 15 of Cenvat Credit Rules, 2004. Revenue filed ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....re not liable to pay duty after 18-9-2003 in view of the decision of the Hon'ble Supreme Court in the case of Aman Marble Industries (P) Ltd. (supra). Section 11D of the Act provides duty of excise collected from the buyers to be deposited with the Central Government. The Tribunal in the case of Shree Krishna Industries (supra) held as under :- "We have considered the submissions of both the sides. Both the Appellants are drawing wire from wire rods, the activity which has been held not amounting to manufacture by the Supreme Court in the case of C.C.E. v. Technoweld Industries - 2003 (155) E.L.T. 209 (S.C.). It has been held by the Supreme Court that initially the product was wire rod and ultimate product is also wire and "all that is don....