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TMI Blog2012 (8) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... Chapter Note 10 of Chapter 29 the activity carried out by the appellant amounts to manufacture. As such the appellant has rightly cleared the goods on payment of excise duty and availed the Cenvat credit on CVD paid by him. In the alternative, it is contended that even if the plea of the department is accepted that the activity carried out by the appellant did not amount to manufacture the depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant during the period in dispute was importing N-Butyl acetate in bulk and repacking the same in smaller packs and clearing those packs on payment of excise duty. He also availed Cenvat credit in respect of CVD paid on the N-Butyl acetate imported by him. The department was of the view that importing N-Butyl acetate and selling the same amounted to trading activity not leviable to excis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty and availed the Cenvat credit on CVD paid by him. In the alternative, it is contended that even if the plea of the department is accepted that the activity carried out by the appellant did not amount to manufacture the department after having accepted the excise duty is not justified in denying the Cenvat credit on the inputs i.e. N-Butyl acetate. Thus, it is submitted that appellant has a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is partly allowed. Appellant is directed to deposit a sum of Rs. 3 lakhs within a period of four weeks from today. In the event of compliance of above direction within the stipulated time the requirement of pre-deposit of balance amount of penalty shall stand waived and recovery thereof stayed till disposal of the appeal. 5. List on 10-10-2012 for compliance and disposal of appeal. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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