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2016 (2) TMI 781 - AT - Central ExciseCENVAT Credit taken on inputs used in respect of job-work cleared under full exemption, invoking Rule 6 of the Cenvat Credit Rules, 2004 - demands of duty were confirmed by both the lower authorities - revenue argued that the decision in case of Sterlite Industries was given while interpreting the MODVAT Rules, whereas the present dispute pertains to Cenvat Credit Rules - Held that:- The issue has been finally decided by Larger Bench of the Tribunal in the case of Sterlite Industries (I) Ltd. vs. Commissioner of Central Excise, Pune 2004 (12) TMI 108 - CESTAT, MUMBAI) upheld by Hon'ble Bombay High Court reported (2008 (8) TMI 783 - BOMBAY HIGH COURT ) While the decision in case of Sterlite Industries Ltd. has been given in respect of disputes which had arisen during the MODVAT regime, the same argument are equally applicable to the Cenvat Credit Rules, 2004. It is seen that the decision of the Tribunal in the case of Sterlite Industries Ltd. (supra) relies on the spirit of the MODVAT Rules and no specific rules. The ratio of the said judgment is equally applicable to Cenvat Credit Rules, 2004.
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