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2013 (8) TMI 66 - HC - Central ExciseCENVAT credit in case the final product is exempted from payment of duty - Appellant, is engaged in manufacture of goods including intravenous fluids (IV Fluids) falling under the Chapter 30 of the Central Excise Tariff Act, 1985. During the course of manufacture (iv fluids) by form fill and seal technology plastic scrap is generated as waste. The appellant availed exemption on clearance of waste and scrap under notification no.89/95-CE dated 18th of May, 1995 – Held that:- CENVAT credit can be utilized for payment of duty on waste and scrap for the simple reason that waste and scrap are "final products" within the definition under Rule 57 AA (c) - Appellant was entitled for CENVAT Credit under Rule 57AA of the Central Excise Rules on proportionate plastic granules which generated the scrap in the manufacturing process of intravenous fluids (IV Fluids) – Appeal allowed – Decided in favor of Assessee.
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