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2010 (6) TMI 441 - AT - Central ExciseCenvat credit - CVD element of the measure of the duty excise paid by the EOU on the inputs was clearly discernible from the EOU’s invoices - Notification No. 21/99, restricted the credit on such inputs to the manufacturer of a final product - According to the restriction, the manufacturer of final product cannot claim MODVAT/CENVAT credit of any duty element other than CVD element of the measure of the duty of excise paid by the EOU on the inputs - entitlement for the manufacturer of final product was equal to the additional duty leviable on like goods if imported into India, to the extent paid on the inputs - The appellant, recipient of the inputs supplied by the EOU, cannot claim CENVAT credit in excess of this amount. The appellant took twice the said amount as CENVAT credit on the inputs for the said period. Therefore, as rightly found by the lower appellate authority, they are liable to reverse an amount of Rs. 9,99,177/- in their CENVAT account and, in the event of non-reversal, the inadmissible credit is liable to be recovered in accordance with law.
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