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2015 (1) TMI 938 - AT - Central ExciseCENVAT Credit - Invalidation of advance licenses - Revenue’s objection is that the suppliers of the raw material should have availed the benefit of Notification No. 44/2001-C.E. (N.T.) and should have cleared the raw materials without payment of duty, in which case M/s. Balkrishna Industries Limited was not entitled to avail the credit of duty paid on the inputs procured by them from various raw materials suppliers - Duty confirmed along with imposition of penalty - Held that:- this is well settled law that a manufacturer is entitled to avail the credit of duty “paid” by the input manufacturer and the assessments at his end cannot be reopened on the ground that input supplier should not have paid duty in which case the credit of the same would be available to the manufacturer/exporter - Following decision of M/s OLEOFINE ORGANICS (INDIA) PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, THANE-I [2013 (7) TMI 157 - CESTAT MUMBAI] - Decided in favour of assessee.
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