9911796707
TMI Blog2014 (10) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... CE dt.25.03.1986 read with Rule 4(5)(a) of the CENVAT Credit Rules - Held that:- both the lower authorities have given a categorical finding that Notification No.214/86-CE is, though an exemption notification, but the same is prescribing a procedure to delay the payment of duty and is subject to payment of duty on the finished goods by the supplier of the raw material. Notification No.214/86-CE i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -I/2007, dt.30.10.2007 passed by the first appellate authority issued on 16.11.2007. Under this OIA dt.30.10.2007 first appellate authority has upheld the OIO No.18/Dem/JC/D dt.01.11.2006 passed by the adjudicating authority dropping the demands against the appellant. The issue involved is whether appellant can be denied CENVAT Credit with respect to common inputs under Rule 6(2) of the CENVAT C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The issue involved in the present appeal is whether CENVAT Credit is required to be denied, in view of the provisions of Rule 6(2) of CENVAT Credit Rules to the Respondent with respect to credit taken on common inputs/raw material used in the manufacturing of final product on job work basis under Notification No.214/86-CE dt.25.03.1986 read with Rule 4(5)(a) of the CENVAT Credit Rules. The case l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit to the supplier of the raw material making it a totally revenue neutral situation. Further it is also observed, as discussed by the first appellate authority, that this issue is no more res-integra in view of the following case laws:- (i) Sterlite Industries (I) Ltd Vs CCE Pune [2005 (183) ELT 353 (Tri-LB)] (ii) Kinetic Engn. Ltd Vs CCE Pune-II [2007 (208) ELT 526 (Tri- ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
