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2010 (10) TMI 447 - CESTAT, AHMEDABADDemand - Cenvat credit - Rule 15 of the Cenvat Credit Rules, 2004 - The final product emerging during said trial runs, irrespective of the fact whether they were of inferior quality or superior quality or waste, were duly accounted for in their RG-1 Register - appellants have capitalized the cost of the said materials, thus requiring them to be considered as non-fixed assets or not, will not have any bearing on the disputed issue, which is required to be adjudged in the light of the Central Excise Provisions - The appellant’s reliance on the decisions laying down that the input credit is not to be denied on the ground that part of the input is contained in waste, stand distinguished by the Commissioner on the ground that in the Erstwhile Central Excise Rules, there was a specific Rule 57D, which is absent from the present Cenvat Credit Rules - Commissioner has observed that providing a copy of the balance sheet to the Revenue does not discharge their responsibility of providing all the relevant information to the department - The appellant having entered the entire raw materials as also the final product in the statutory records and having cleared the goods under the cover of central excise invoices, cannot be held to have suppressed or misstated anything with an intent to evade payment of duty - Decided in the favour of assessee
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