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2018 (6) TMI 1664 - CALCUTTA HIGH COURTCENVAT Credit - nexus/connection with the final product - whether the credit can be availed by the petitioner through an unconnected final product? - HELD THAT:- The answer can be traced from the N/N. 45/89 dated 11th October, 1989, wherein prohibition has been incorporated that the credit amount shall neither be refunded to the manufacturer nor adjusted against or utilised for payment of duty on any excisable goods under any other circumstances - The goods, which do not constitute a raw material and not used as input for manufacturing the final product, the credit though available cannot be utilised and used against the final product manufactured by the same assessee. This Court, therefore, does not find that the CENVAT credit available to the petitioner can be used and utilised or adjusted against the final product, when the goods over which the petitioner has paid the excise duty, is not used as raw material or input therefor. Petition disposed off.
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