2006 (8) TMI 82

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....referred to as "the Act") read with Rule 12 of the Cenvat Credit Rules, along with interest thereon under Rule 12 of Cenvat Credit Rules read with Section 11AB of the Act. By the said order dated March 23, 2005 (hereinafter referred to as the "said order") has been confirmed against the appellant. The Commissioner has also imposed a penalty of Rs. 30 lakhs upon the appellant under Rule 13 of the Cenvat Credit Rules. The period involved is May 29, 2003 to July 7, 2004. 1.2The appellant is engaged in the manufacture of, inter alia, galvanized wires and standard wires falling under Chapter 72 and 73 of the First Schedule to the Central Excise Tariff Act, 1985. For the said purpose the appellant has two factories, one at Tarapore and other one....

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....9-1-04 and sought Registration as a Dealer in excisable goods to issue credit availment documents and on such a Registration they proposed to surrender their manufacturers Registration. The Dy. Commissioner on 28-1-04 sought certain further particulars for verification and informed them that the proposed surrender of manufacturers Registration would be decided finally after receipt of the information and further Registration as a Dealer could be granted. The required information was supplied on 5-2-04 by the assessee and they informed the Dy. Commissioner that as per his direction dtd. 28-1-04 they would continue to operate the factory as a manufacturer pending final decision of the Dy. Commissioner. No objection was taken by the Dy. Commis....

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....issioner of Central Excise v. Kesar Enterprises Ltd., 2001 (130) E.L.T. 93 (T) :- (i)      Commissioner of Central Excise v. Kesar Enterprises Ltd., 2001 (130) E.L.T. 93 (T) Para 6. (ii)    U.P. State Sugar Corporation Ltd. v. Commissioner of Central Excise, 2000 (120) E.L.T. 454 (T). (iii)   Ganga Rasayanie v. Commissioner of Central Excise, 2002 (147) E.L.T. 186 (T) Para 6. Further, even if, the goods were not non-excisable but were required to pay duty and the undisputed fact that during the said period these wires were cleared on payment of appropriate duty and therefore there could not be denial of credit availment reliance on the following decision of the Ld. Advocate is well place....

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....cords and shall be entitled to take CENVAT credit of the duty paid as if such goods are received as inputs under the CENVAT Credit Rules, 2002 and utilize this credit according to the said rules. (2)If the process to which the goods are subjected before being removed does not amount to manufacture, the manufacturer shall pay an amount equal to the CENVAT credit taken under sub-rule (1) and in any other case the manufacturer shall pay duty on goods received under sub-rule (1) at the rate applicable on the date of removal and on the value determined under sub-section (2) of Section 3 or Section 4 or Section 4A of the Act, as the case may be. Explanation :- The amount paid under this sub-rules shall be allowed as CENVAT credit as if it was a....