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TMI Blog2017 (2) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... determined on clearances on the transaction value - Cenvat Credit is legally admissible. Appeal dismissed - decided against Revenue. - E/2760/06 - A/85638/17/EB - Dated:- 2-2-2017 - Mr. Ramesh Nair, Member ( Judicial ) And Mr. Raju, Member ( Technical ) Shri.Ashutosh Nath, Asst. Comm. (AR) for appellant Ms.Anjali Hirawat, Advocate for respondent ORDER Per Ramesh Nair 1. The fact of the case is that the appellant is engaged in the manufacture of MS wire falling under Chapter 72 of CETA, 1985 and availed credit on wires received from their Borivli plant. It is the case of the Revenue that the appellant is carrying out the activity of drawing of wire rod from thicker to thinner. This activity does not amounts to man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cture, the credit is allowed when the input itself is cleared under bond for export. She further submits that as per Rule 16 of Central Excise Rules, 2000, even though the activity does not amount to manufacture the assessee is allowed to take credit on the duty paid goods received in the factory, therefore, the credit is admissible. She placed reliance on the following decision: i) Jayaswal Neco Industries Ltd. 2016-TIOL-1368-CESTAT0MUM ii) Shree Rubber Plast Co. Pvt. Ltd. 2016 (336) ELT 313 (Tri-Mum) iii) Fine Packaging Pvt. Ltd. 2016 (335) ELT 57 (Tri-Mum) iv) Jindal Stainless Steelway Ltd. 2016 (335) ELT 57 (Tri-Mum) 4. We have carefully considered the submissions made by both sides and perused the records. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of drawing they have paid duty determined on clearances on the transaction value. Therefore, the entire transaction is squarely covered under the provisions of Rule 16 of CER 2001. 6. We also observe that the demand is pertaining to the period 29/03/2000 to 28/05/2004. Therefore, the period from 29/03/2000 to 30/06/2001 is not covered by Rule 16. However, even if Rule 16 was not available, the respondents have taken credit on the input and cleared after the processing of drawing for export. As per this transaction, it is nothing but the availment of credit on the input and if at all the activity does not amounts to manufacture it is removal of input as such case. The removal of input either can be on the payment of duty which is equal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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