2013 (11) TMI 381

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.... For the Respondent: Shri Ranjana Jha, JCDR ORDER PER: ARCHANA WADHWA The appellants are engaged in the manufacture of cold rolled sheets for which purpose they procured slited and pickled HR sheets from the manufacturer supplier. The said inputs are being cleared by the manufacturer-supplier on payment of duty and the appellant was availing the benefit of cenvat credit of duty paid on th....

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....ng the demand of duty of Rs.43,55,22,721/- alongwith imposition of equal amount of penalty. 3. After hearing both sides, we find that admittedly the slited and pickled sheets received by the appellant were duty paid. Rule 3 of cenvat credit rules 2004, allow an assessee to take credit of duty paid on the inputs received by him. In terms of the said rules, the inputs must be received by an asses....

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....ther the processes undertaken by him amounts to manufacture and as to whether the said supplier should clear his goods on payment of duty or without payment of duty. The only requirement of law is that the said inputs received by an assessee should be duty paid which requirement stands fulfilled in the present case. At this stage, we may refer to Tribunal decision in the case of MDS Switchgear Ltd....