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TMI Blog2012 (6) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... r the waiver of the pre-deposit of the amounts confirmed by the adjudicating authority as ineligible cenvat credit on the ground that the appellant is not engaged in manufacturing of any items and is only drawing wires from wire rods. 2. After hearing both sides for some time on the stay petition, we find that the appeal itself could be disposed of at this juncture as the issue lies in a narrow c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not a manufactured product and hence appellant is not eligible to avail the modvat/cenvat credit on merits. It is his submission that during the relevant period Boards circular dated 16.02.01 was in force which held that the drawing of wire from wire rods would amount to manufacture. It is his submission that subsequently on 27.3.03, the Hon'ble Supreme Court in the case of Technoweld Industries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant was in the process of drawing wires from wire rods. It is also undisputed that during the relevant period the said process was considered as an activity amounting to manufacture. It is also undisputed that if this activity would amount to manufacture, the appellant would be eligible to avail cenvat/modvat credit of the duty paid on the inputs i.e. wire rods. 6. In our considered view, the B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t wire drawing units during the period 29.5.03 to 08.7.04 (both days inclusive) it has cleared the final products i.e. drawn wire on payment of duty, at appropriate rate, then the amount paid on such goods shall be allowed as cenvat credit to the recipient of the said drawn wire. The corollary of this retrospective amendment would be that the appellant herein if has discharged the duty liability, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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