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2021 (9) TMI 1029 - AT - Central ExciseMODVAT Credit - inputs removed as such against CT-3 certificates to 100% EOU - benefit of N/N. 1/95-CE dated 4.1.1995 denied on the ground that assessees have not manufactured the inputs in their factory and therefore not entitled to the exemption as per the notification - HELD THAT:- The issue stands settled by the decision of the Hon'ble High Court of Karnataka in the case of THE COMMISSIONER OF CENTRAL EXCISE, BANGALORE-II VERSUS M/S SOLECTRON CENTUM ELECTRONICS LTD. [2014 (10) TMI 596 - KARNATAKA HIGH COURT] where it was held that if the assessee had purchased those inputs for its EHTP unit by virtue of aforesaid Notification, there was no duty payable, as the said inputs were removed with the previous permission of the department as reflected in CT-3. The said decision was applied by the Tribunal in the case of M/S. LAKSHMI AUTOMATIC LOOM WORKS LTD. VERSUS COMMISSIONER OF CGST & CENTRAL EXCISE, COIMBATORE [2021 (9) TMI 35 - CESTAT CHENNAI]. The Hon'ble High Court of Madras in the judgment by which the matter was remanded has referred the said decision in Solectron Centum Electronics Ltd. with approval and also directed the Tribunal to consider the applicability of the said judgment. The issue raised and analyzed in the case of Solectron Centum Electronics Ltd. is identical and squarely applicable to the issue for consideration. The demand of duty on inputs removed as such to 100% EOU cannot sustain - Appeal allowed - decided in favor of assessee.
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