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TMI Blog2015 (3) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... wires and taking of CENVAT Credit of the duty so paid during the period prior to 8.7.2004, the credit availed by the appellant in such case is in accordance with law and, therefore, the appellant has rightly availed the credit. Accordingly, I set aside the impugned order - Decided in favour of assesse. - Appeal No. E/2759/05 - - - Dated:- 6-2-2014 - P R Chandrasekharan, J. For the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellant, M/s Prominence Electric (India) Pvt. Ltd. procured MS Wire from M/s Precise Alloys Pvt. Ltd. on payment of excise duty and took credit of the excise duty paid under the Cenvat Credit Rules and used the wires for further manufacture of dutiable/excisable final product. The department was of the view that in view of the Hon'ble Supreme Court's decision in the case of Vishwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t) Act, 2006, Rule 16 of the Central Excise Rules, 2002 was amended so as to make the wire drawing units as assessee in case they have cleared the wires on payment of duty and it was further provided that the duty so paid on the wires will be allowed as CENVAT Credit by the purchaser of the wires. Further, vide Notification No. 28/2010-CE (NT) dated 1.9.2010, it was further provided that if any ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the Revenue fairly concedes. 5. After hearing the submissions made by both sides and in view of the specific provisions of law which provided for payment of duty on wires and taking of CENVAT Credit of the duty so paid during the period prior to 8.7.2004, the credit availed by the appellant in such case is in accordance with law and, therefore, the appellant has rightly availed t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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