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2016 (7) TMI 1503 - AT - Central ExciseCENVAT Credit - common input used in dutiable as well as exempt goods - iron ore fines - Rule 6(3)(b) of the Cenvat Credit Rules, 2004 - iron ore fines, exempt gods or not? - Held that:- In the process of screening and handling of iron ore, some fines generated, which the appellant sold to its customers. Generation of iron ore fines cannot be considered as separate excisable commodity, since no manufacturing activity is involved for emergence of the same out of iron ore by the appellant - Further, iron ore fines is not exempted from payment of duty in terms of notification issued by the Central Govt. Thus, iron ore fines will not be considered as “exempted goods” and the embargo created in Rule 6(3)(b) of the Cenvat Credit Rules, 2004 will not apply for removal of iron ore in fines form from the factory - appeal allowed - decided in favor of appellant.
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