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2019 (3) TMI 301
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.... appellant: Shri T.C. Nair, & Shri Nitin N Mehta, Adv For the respondent: Shri K.J. Kinariwala, Asst. Commr. (AR) ORDER Per: Ramesh Nair The appellants are engaged in the activity of purchasing layflat tubing, converting by slitting small bags and selling the same on payment of duty. They are also purchasing shrink caps which after inspection and packing into bags sold to the customers....
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....he processed goods even though it has not undergone manufacture, the CENVAT Credit is admissible. He also submits that in cases where the activity does not amount to manufacture, the CENVAT Credit on the bought out duty paid goods is permitted under Rule 16 of Central Excise Rules 2002. In support of his submission, he placed reliance on the following judgments: 1. Creative Enterprises- 2009 (2....
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....action is squarely covered under Rule 16 of Central Excise Rule 2002 which is reproduced below: "Rule 16. Credit of duty on goods brought to the factory. - (1) Where any goods on which duty had been paid at the time of removal thereof are brought to any factory for being re-made, refined, re-conditioned or for any other reason, the assessee shall state the particulars of such receipt in his ....
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....he goods. (3) If there is any difficulty in following the provisions of sub-rule (1) and sub-rule (2), the assessee may receive the goods for being re-made, refined, re-conditioned or for any other reason and may remove the goods subsequently subject to such conditions as may be specified by the Commissioner." On plain reading of above rule, we observe that an assessee is permitted to bring ....