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2015 (11) TMI 454 - AT - Central ExciseReversal of CENVAT Credit - Department initiated proceedings for recovery of the amount equal to 5% of the value of slag removed from factory in terms of Rule 6(3)(i) of the Cenvat Credit Rules, 2004 - Held that:- Appellant had set-up its factory with the intention to manufacture iron and steel products and slag generates involuntarily during such process. Since, the appellant never intended to manufacture the by-product namely slag and the same emerges as an unavoidable and inevitable waste, emergence of such waste product cannot be termed as "final product" for the appellant, in order to fall within the ambit of Rule 6 of the Cenvat Credit Rules. - provisions of Rule 6(3)(i) of the Cenvat Credit Rules, 2004 would not be applicable in the facts of this case for payment of amount equal to 5% for value of the waste product i.e. slag removed from the factory. Therefore, I set aside the impugned order - Decided in favour of assessee.
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