9911796707
TMI Blog2018 (10) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... paper does not amount to manufacture and denied credit - Held that:- It is settled position of law that once the Cenvat credit availed is reversed, even at a later date, it is to be considered as not availed, ab-initio - The Hon’ble Supreme Court has laid down the law in this regard in the case of Chandrapur Magnet Wires (P) Ltd. vs. CCE, Nagpur [1995 (12) TMI 72 - SUPREME COURT OF INDIA]. Since, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty paid on such raw materials is availed as Cenvat credit. After slitting the jumbo rolls, the goods are cleared on payment of central excise duty, by availing the Cenvat credit. The department was of the view that the activity of slitting of kraft paper does not amount to manufacture and no excise duty was required to be paid on the resultant product. Consequently, show cause notice was issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat there is no justification for ordering payment of the Cenvat credit availed, once again. He also added excise duty paid at the time of clearance of slit kraft paper was in excess of the Cenvat credit availed, resulting in some payment of duty in cash. 5. Learned DR justified the impugned order. 6. After hearing both sides and perused the record, it is noted that the dispute concerns the acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pressed in the case laws of Hon'ble High Courts also cited by the appellants :- (i) CCE, Pune - III vs. Ajinkya Enterprises - 2013 (294) E.L.T. 203 (Bom.) ; (ii) CCE, Bangalore - V vs. Vishal Precision Steel Tubes & Strips Pvt. Ltd. - 2017 (349) E.L.T. 686 (Kar.). 7. Since, there is no dispute about the fact that the slit kraft paper has been cleared on payment of duty by debiting the Cenvat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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