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2011 (7) TMI 676 - CESTAT, NEW DELHIApplication for stay - appellant are manufacturers of polyester metallised/plastic film chargeable to Central Excise Duty - Notification No. 214/86-C.E - stock transfer - Tribunal in the case of Ispat Industries Ltd. v. CCE, Raigad reported in (2007 -TMI - 1078 - CESTAT, MUMBAI), wherein it was held that the provisions of Rule 8 of the Central Excise Valuation Rules, 2000 would not apply in a case where part of the production is cleared to independent buyers and part is cleared for captive consumption or to another unit of the manufacturer for its captive consumption, and in such cases, the assessable value of the goods cleared for captive consumption would be the price at which such goods are sold to independent buyers Regarding Notification 214/86-C.E - department does not dispute that the appellant have not taken Cenvat credit in respect of the aluminium wire used for manufacture of metallised film on job work basis as the proportionate credit in respect of the quantity of aluminium wire used for manufacture of metallised film manufactured on job work cleared under Notification No. 214/86-C.E. was reversed - Held that: there is no justification for invoking the provisions of Rule 6(2) read with Rule 6(3)(b) of Cenvat Credit Rules and demand an amount equal to 8%/10% of the value of the goods cleared under Notification No. 214/86-C.E - Decided in favor of the assessee - stay granted.
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