2005 (3) TMI 341

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eran, Member (J)]. - The stay application was heard on 17-1-2005. The stay application was allowed granting interim stay and with a direction that the appeal would be heard today, in view of the issue having been decided by the Tribunal in the case of Eveready Industries India Ltd. v. CCE - 2000 (120) E.L.T. 379 and in MDS Switchgear v. CCE - 2001 (132) E.L.T. 405. The issue is common in the case ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rt in the case of (i) M/s. Vishvaman Industries; (ii) Hind Enterprises and (iii) M/s. Technoweld Industries [2003 (155) E.L.T. 209 (S.C.)], the Board also withdrew the Circulars issued in this context. Therefore, it was contended by the Revenue that as drawing of wires did not amount to manufacture, the availing of Cenvat credit on duty paid wires is not as per law. 2. In the case of M/s. SKF I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sue is no longer res integra and the Tribunal had already categorically laid down that notwithstanding the fact that drawing of wires does not amount to a process of manufacture, yet they are entitled to avail the Modvat credit. In this regard, a large number of judgments had been filed. It is also submitted that the issue is restricted only to the period in question and now the dispute has been s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng Modvat credit on the inputs on which no process has taken place amounting to manufacture, the Tribunal has held that credit has been utilised in removing the inputs as such under provisions of Rule 57AB(1C) of the Act. It is held that after knowing all the points that in whatever manner the issue is looked into, it is completely Revenue neutral and, therefore, the Revenue appeal on this point w....