9911796707
TMI Blog2023 (9) TMI 1277X X X X Extracts X X X X X X X X Extracts X X X X ..... duty . Therefore, the demand of duty on such iron ore pellets shall be demanded reversal of cenvat credit as held by this Tribunal in the case of AJINKYA ENTERPRISES VERSUS COMMISSIONER OF CENTRAL EXCISE, PUNE-III [ 2013 (6) TMI 610 - CESTAT MUMBAI] , which has been affirmed by the Hon ble Bombay High Court in THE COMMISSIONER OF CENTRAL EXCISE, PUNE VERSUS AJINKYA ENTERPRISES [ 2012 (7) TMI 141 - BOMBAY HIGH COURT] , wherein the Hon ble High Court of Bombay has held in the present case, the assessment on decoiled HR/CR coils cleared from the factory of the assessee on payment of duty has neither been reversed nor it is held that the assessee is entitled to refund of duty paid at the time of clearing the decoiled HR/CR coils. Further, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Power Limited for use as input in the manufacture of sponge iron. The appellant availed cenvat credit on the iron ore pellets and utilized such credit for payment of duty on its final product. 2.2 On 25.01.2011, a letter was issued to the appellant by the respondent, wherein it has been seen that since ores falling under Heading Nos.2601 to 2617 of the First Schedule to the Central Excise Tariff Act, 1985 were fully exempted from payment of Central Excise duty un-coditionally in terms of Notification No.4/2006-CE dated 01.03.2006 and in view of specific bar under Sub-section (1A) of Section 5 of the Central Excise Act,1944, the appellant was not entitled to avail Cenvat credit of duty paid on iron ore pellets falling under Subheading No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon ble Apex Court in the case of Commissioner of Central Excise Customs Vs. MDS Switchgear Limited reported in 2008 (229) ELT 485 (SC). 4. On the other hand, the ld.A.R. for the Revenue supported the impugned order. 5. Heard both the parties and considered the submissions. 6. We find that in this case, although the appellant has taken cenvat credit on iron ore pellets, it has been held that the product of iron ore pellets is exempted from payment of duty and the said goods were used by the appellant for manufacturing process and the manufactured goods have been sold on payment of duty . Therefore, the demand of duty on such iron ore pellets shall be demanded reversal of cenvat credit as held by this Tribunal in the case of A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a manufacturer of excisable goods, the appellant is entitled to cenvat credit of duty paid by the appellant and it has not been questioned to the supplier of the goods that the product is exempted from payment of duty and the Revenue has accepted the duty payment. In that circumstances, the appellant is entitled to take cenvat credit as held by the Hon ble Supreme Court in the case of MDS Switchgear Limited (supra), wherein the Hon ble Apex Court has held as under : 7. The Tribunal has come to the conclusion that in fact there was no loss of revenue. It accepted the appeal by recording the following reasons : Reasons given by the appellants for the alleged inflation of the value of the intermediate goods are logical. What was r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
