2017 (2) TMI 1162

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... for respondent ORDER Per Ramesh Nair 1. The fact of the case is that the appellant is engaged in the manufacture of MS wire falling under Chapter 72 of CETA, 1985 and availed credit on wires received from their Borivli plant. It is the case of the Revenue that the appellant is carrying out the activity of drawing of wire rod from thicker to thinner. This activity does not amounts to manufactur....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of drawing of wire by amending the Rule 16 of Central Excise Rules, 2000 in the Finance Budget 2002 only for the period 29/05/2003 to 08/07/2004. Therefore, the Cenvat credit availed during the period 29/03/2000 to 28/05/2003 is not admissible to the respondents, for the reason that the activity of drawing of wire does not amount to manufacture. In his support, he placed reliance on the decision ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Fine Packaging Pvt. Ltd. 2016 (335) ELT 57 (Tri-Mum) iv) Jindal Stainless Steelway Ltd. 2016 (335) ELT 57 (Tri-Mum) 4. We have carefully considered the submissions made by both sides and perused the records. 5. We find that the credit on the wire rodes was denied only on the ground that the activity of drawing of wire from thicker to thinner gauge does not amount to manufacture as held by the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nder Section 4 of the Act. As per the above Rule, the assessee is permitted to avail the Cenvat credit on the duty paid goods for carrying out remaking, refining, reconditioning or for any other reason and after any of the said process even if not amounting to manufacture when the goods is cleared then the duty has to be paid equal to Cenvat Credit availed on receipt of duty paid input. In the p....