2009 (1) TMI 639

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Respondent. [Order]. - M/s. Preet Pharma Pvt. Ltd., respondent in this case were availing SSI Exemption on the PP Medicines manufactured on their own account and were paying duty at full rate on goods manufactured on behalf of loan licensee. During the year 2006-07, it was noticed that the respondents had availed Cenvat credit of Rs. 44,490/- on the capital goods and this credit was utilize....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ds cleared on account of loan licensee, who is to be treated as manufacturer, in view of the fact that the value of the clearance on behalf of the loan licensee has not been taken into account. The Revenue has also objected to the stand taken by the Commissioner (Appeals) while allowing the credit that in case respondents are not allowed to utilize the credit initially, they can utilize the same s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g Control Act and other legal requirements and not because of Central Excise law. As far as notification No. 08/2003 is concerned, where the product is PP medicines, the concept of loan licensee comes into picture. If it is any other product, if brand name of another person is affixed and if attracts exclusion clause in the notification, duty is payable. Therefore, Central Excise duty becomes paya....