GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 28/2010 - Central Excise (Non
Tariff)
New Delhi, the 1st September , 2010.
G.S.R. (E) . -In exercise of the powers conferred by section 5B of the Central
Excise Act, 1944 (1 of 1944), the Central Government hereby orders that where an
assessee has paid duty of excise on wires drawn from wire rods (hereinafter
referred to as final product), falling under Chapter 72 of the First Schedule to
the Central Excise Tariff Act, 1985 ( 5 of 1986), the CENVAT credit taken or
utilized, of the duty or tax or cess paid on inputs, capital goods and input
services used in the making of the said final product, shall not be required to
be reversed, notwithstanding that the process of drawing of wires from wire rods
was held as not amounting to manufacture by the Supreme Court in Civil Appeal
No. 74 of 2001 with C.A. Nos. 96,1701,4206 of 2002 and 1988 of 2003, decided on
the 27th March,2003 in the case of Collector of Central Excise Vs Technoweld
Industries, reported in 2003(155) ELT209(SC), subject to following conditions,
namely:-
- the said non-reversal shall be allowed only for the CENVAT credit taken upto
the 8th of July, 2004.
- the said non-reversal shall be allowed only when excise duty has been paid
on removal of the said final product.
- the said assessee shall not prefer a claim of refund of the excise duty paid
by him on the said final product:
Provided that the CENVAT credit, if any, taken by the buyer of the said final
product, of the excise duty paid by the said assessee on the said final product
made and cleared upto the 8th of July,2004 shall not be required to be reversed.
(Madan Mohan)
Under Secretary to the Government of India.
[F.No.73/01/2010-CX.4]