2019 (2) TMI 1225

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....ief facts of the case are that the appellant are engaged in the manufacture of excisable goods falling under chapter 29 and 30 of the schedule to the Central Excise Tariff Act, 1985. They availed the facility of cenvat credit under Cenvat Credit Rules, 2004. During the audit, it was noticed that the appellant have imported goods namely, "Sulfolane Anhydrus" and taken cenvat credit of the duty paid....

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....he present appeal. 2. Sh. S.J. Vyas Ld. Counsel appearing on behalf of the appellant submits that the issue on merit has been settled against the appellant in the case of CCE Vs. M/s Amritlal Chemaux Ltd. 2015 (321) ELT 5 (SC). He submits that he confine his argument heavily on limitation. In this regard he submits that the issue involved is of interpretation of Chapter Note of Chapter 29 that w....

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....l Excise Tariff Act, 1985, the activity of putting label on the container will amount to manufacture. 3. On the other hand, Sh. G. Jha Ld. Superintendent (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order. He placed reliance on the judgment of Casil Industries Ltd. Vs. CCE, Tribunal order No. A/1581/WZB/AHD/2011 dated 26.08.2011 and in the case of Sika India Pv....

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....ck to retail pack to render the product as manufactured goods. This issue has been settled in the case of M/s Amritlal Chemaux Ltd (Supra) wherein the identical Chapter Note has been dealt with and the Hon'ble Supreme Court held that the activity of re-packing/re-labelling alone does not amount to manufacture. Accordingly, the appellant's activity being only re-packing/re-labelling of imported goo....