2007 (10) TMI 128 - AT - Central Excise

Credit denied on wire rods in view of SC order that drawing wire from wire rods not amounts to manufacture CEA retrospectively amended w.e.f. 9.7.04 specifying above activity as manufacturing so Sec. 11D is not applicable as duty paid on wire now stands regularized Appeal of assessee allowed.

Summary

Issues involved:
- Interpretation of the term "manufacture" in relation to drawing wires from wire rods for excise duty purposes
- Applicability of duty payment and Cenvat credit on wires and wire rods
- Impact of amendments to the Central Excise Act and Rules on the case

Analysis:
The case involved a situation where the appellants were drawing wires from wire rods and paying duty on the final product, i.e., wires, while availing Cenvat credit on the duty paid on inputs like wire rods and wires of thicker gauge. However, a judgment by the Supreme Court in a related case held that drawing wires from wire rods did not amount to manufacture. Consequently, show cause notices were issued for earlier periods, stating that the wires were not dutiable, and the duty paid on them was not required. This raised questions about the permissibility of availing Cenvat credit on wire rods and wires of higher gauge.

Subsequently, amendments to the Central Excise Act were made, explicitly stating that drawing wires from wire rods constituted manufacture. Additionally, Rule 16 of the Central Excise Rules was retrospectively amended to designate wire drawing units as "assessees" for a specific period, allowing them to avail Cenvat credit during that time. A circular by the Board further clarified this position. The appellant's advocate argued that the duty paid on the wires was now regularized, making Section 11D inapplicable.

Considering the amendments to the Central Excise Act and Rules, along with the Board's clarification, the Tribunal set aside the Commissioner's orders and granted relief to the appellants. The appeals were allowed with consequential relief, and a miscellaneous application was also disposed of. The judgment was dictated and pronounced in open court on a specific date.