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2010 (10) TMI 1122 - HC - Central ExciseWhether in view of the provision of Rule- 3(2) and 6(1) of the Cenvat Credit Rule, 2002, the credit taken and utilized earlier in the inputs material by the manufacturer should be reversed or not if the same is used for manufacture of non-excisable goods? Held that:- Tribunal has taken the correct view in the matter by applying law laid down by the Apex Court in the case of Collector of Central Excise, Pune Vs. Dai Ichi Karkaria Ltd. [1999 (8) TMI 920 - SUPREME COURT OF INDIA], which has been consistently followed in all other judgments, where it was held that In determining the cost of an excisable product covered by the Modvat scheme under Section 4(1)(b) of the Act read with Rule 6 of the Valuation Rules the excise duty paid on raw material also covered by the Modvat scheme is not to be included. Appeal dismissed - decided against Revenue.
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