2017 (2) TMI 198

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....ppellant, M/s. The Flexible Packaging Co. Pvt. Ltd., took credit of Jumbo Rolls of PVC falling under Chapter 39 and of aluminium Rolls falling under Chapter 76. After slitting, the said rolls they cleared the same on payment of Central Excise duty at the appropriate rates. Cenvat Credit was sought to be denied on the ground that cutting of jumbo rolls does not amount to manufacture, For this asser....

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....es Pvt. Ltd. (supra). 5. I have gone through the rival submissions. I find that the Tribunal in the case of Fine Packaging Pvt. Ltd - 2016 (335) ELT 117, in the identical case observed as follows: "We find that besides the above finding, even if it is accepted that the activity of the respondent does not amount to manufacture, Cenvat credit on the inputs cannot be denied as per the provision....

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....facturer 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-rule shall be allowed as Cenvat credit as if it was a duty paid by the manufacturer who removes the goods. (3) If there....