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:-
(a) the said non-reversal shall be allowed only for the CENVAT credit taken upto the 8th of July, 2004.
(b) the said non-reversal shall be allowed only when excise duty has been paid on removal of the said final product.
(c) 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.
Under Secretary to the Government of India.