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2018 (10) TMI 529 - AT - Central ExciseCENVAT Credit - applicability of rule 6(3) of CCR 2004 - iron ore fines gets generated during the course of manufacture which is a waste product but it has marketable value - Held that:- There is no dispute on the facts of the case that the demand is on reversal of CENVAT credit under rule 6(3) for the value of iron ore fines generated by the appellant during the process of manufacture of final products viz; Sponge iron - On the very same issue in the case of Maa Mangla Ispat Pvt. Ltd. [2013 (5) TMI 268 - CESTAT NEW DELHI], the Principal Bench of CESTAT has decided that Rule 6(3) of CCR 2004 does not apply because iron ore fines are not manufactured let alone being exempted - the first appellate authority has not considered this aspect at all. It is a fit case to be remanded back to the first appellate authority to examine the issue on merits and also on limitation - Appeal allowed by way of remand.
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