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2016 (9) TMI 367 - CESTAT KOLKATAWhether dutiable finished goods manufactured by the Appellant will be another category of manufactured goods when exemption under Notification No.10/97-CE dated 16.03.1997 is claimed - Held that:- in the absence of any contrary case law brought on record, Appeal filed by the Appellant is required to be allowed on merits. However, it has been correctly mentioned by the Revenue that in both the relied upon case laws decided by Tribunal in the cases of Commissioner of Central Excise, Chennai v. Magtorq (P) Ltd. [2008 (5) TMI 500 - CESTAT, CHENNAI] and Mukerian Papers Ltd. v. Commissioner of C.Ex., Chandigarh [2003 (11) TMI 189 - CESTAT, NEW DELHI], assesses have reversed the credit relatable to the inputs used in the manufacture of exempted goods cleared by those assesses. Accordingly Appeal filed by the Appellant is allowed subject to the condition that proportionate credit with respect to inputs used in the manufacture of finished goods exempted under Notification No.10/97-CE dated 16.03.1997, should be reversed/paid by the Appellant along with 24% interest, if not already paid/reversed. - Decided conditionally in favour of appellant
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