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2018 (10) TMI 1061 - AT - Central ExciseValuation - De-natured Rectified Spirit was being cleared to their other unit located at Kashipur which was further used in the manufacture of Ethylene Glycol - whether valuation to be done under Rule 8 of the Central Excise Valuation Rules, 2000? - time limitation. Held that:- Admittedly in the present case the entire demand is beyond limitation and further the entire duty being paid by the appellant was being availed as credit by their Kashipur unit. The appellants have also taken a categorical stand before Commissioner that during the relevant period in question that Kashipur unit has paid duty out of their PLA Account to the extent of ₹ 35.00 Crores and as such, the duty now being confirmed against the assessee to the extent of ₹ 4.00 Crore, they were in a position to avail the same as credit and to utilize for discharge of duty at their end on their final product. The entire situation was revenue neutral - the demand on the point of limitation would not be sustainable - appeal allowed - decided in favor of appellant.
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