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2011 (7) TMI 426 - AT - Central ExciseDemand, interest and penalty - 100% EOU - denying the benefit of exemption in terms of Notification No.8/97-CE dt. 1.3.97 on the ground of use of imported wax in the yarn, as the exemption was available only to goods manufactured wholly from the raw materials produced or manufactured in India - As per the decision of Hon'ble Karnataka High Court as in the case of COMMISSIONER OF C. EX., BELGAUM Versus FORBES GOKAK LTD.[2009 -TMI - 76258 - CESTAT, BANGALORE] holding that wax cannot be considered as raw material but as consumable - Held that :- the benefit of the exemption under the relevant notification cannot be disallowed on the ground of use of imported wax as wax has already been held by the Hon'ble High Court to be a consumable and not a raw material - Decided in favour of assessee.
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