2015 (9) TMI 873

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..... able and activity undertaken by the appellant amounts to manufacture. Same understanding was of the department. The only problem arose after the decision of the Hon’ble Apex Court in the case of Aman Marble Industries (2003 (9) TMI 81 - SUPREME COURT OF INDIA) when Revenue has accepted the duty demand on the final product, the duty paid on final product shall amount to reversal of CENVAT Credit on .....

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..... capital goods procured by the appellant. Consequently, demanding the duty along with interest. 2. The facts of this case are that the appellant during the impugned period, i.e., from 2002 to 2003, was engaged in the activity of cutting, dressing, polishing of granite and marbles clearing the same on payment of duty and also exporting the same on payment of duty. For the activity of cutting, dr .....

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..... s. Revenue filed an appeal before the ld. Commissioner (appeal) to deny the CENVAT Credit to the appellant on capital goods. Consequently, demanded duty along with interest and also imposed penalty. Aggrieved from the said order the appellant is before us. Ld. counsel for the appellant submits that at the time of availment of CENVAT Credit it was not disputed by the Revenue that their activity .....

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..... 4 are not applicable to the facts of this case. 3. In these circumstances, they are entitled to take CENVAT Credit on capital goods. He further submits that in the case of Income Tax Officer, Udaipur Vs. Arihant Tiles and Marbles (P) Ltd. reported in 2010 (249) ELT 161 (S.C) the Hon ble Apex Court further held that the activity undertaken by the appellant amounts to manufacture. Therefore, appe .....

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..... le to duty in this circumstances whatever CENVAT Credit remain in their CENVAT Credit account shall not be any use of the appellant. Therefore, we hold that at the time of procurement of capital goods, the appellant has taken CENVAT Credit correctly. In these circumstances, impugned order is set aside and the appeal is allowed with consequential relief, if any. - - TaxTMI - TMITax - Central E .....

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