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2015 (10) TMI 1185 - AT - Central ExciseDenial of CENVAT Credit - Reversal of CENVAT Credit - stocks of the semi-finished goods and stock of purchase - SSI Exemption - whether the Appellant while opting SSI exemption, they are required to reverse the CENVAT Credit on the stock of semi-finished goods (clinkers) and processed material lying in the factory as on 31.03.2007 - Held that:- Punjab & Haryana High Court in the case of CCE Chandigarh Vs. M/s C.N.C. Commercial Ltd - [2007 (10) TMI 203 - HIGH COURT PUNJAB AND HARYANA ] dismissed the appeal on the identical issue Notification No.08/2001-CE, dt.01.04.2001 - Similar view was taken by Hon'ble Andhra Pradesh High Court in the case of Commissioner of C.Ex., Tirupati Vs Suvera Processed Foods Pvt.Ltd. - [2014 (10) TMI 560 - ANDHRA PRADESH HIGH COURT]. The Larger Bench of the Tribunal in the case of H.M.T. Vs Commissioner of Central Excise, Panchkula - [2008 (10) TMI 54 - CESTAT, NEW DELHI] held that the input-credit legally taken and utilized on the dutiable final products, need not be reversed on the final product becoming exempt subsequently. - impugned order cannot be sustained and it is set aside. - Decided in favour of assessee.
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