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2013 (4) TMI 80 - AT - Central ExciseCenvat Credit on inputs used in manufacture of exempted final products - Held that - In this case, the Cenvat credit availed inputs in process had been used in the manufacture of finished products, which were exempted goods, as the same had been cleared at nil rate of duty under Notification No. 23/2004-C.E. Thus, in this case, the Cenvat credit availed inputs in process and inputs contained in the final products lying in stock had been used in the manufacture of exempted goods and, therefore, the provisions of Rule 6(1) would be attracted and the Cenvat credit would not be admissible and since the same had been availed and same would be required to be reversed. - As discussed above, the judgment of Larger Bench in the case of H.M.T. v. CCE (2008 (10) TMI 54 - CESTAT, NEW DELHI) is of the period prior to the judgment of the Apex Court in the case of the Apex Court in the case of Commissioner of Central Excise v. Gujarat Narmada Fertilizers Co. Ltd. reported in [2009 (8) TMI 15 - SUPREME COURT] in the light of which, the same would be no longer be a good law. - Decided against the assessee.
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