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2023 (9) TMI 11 - AT - Central ExciseReversal of cenvat credit - credit attributable to exempted goods - SSI exemption - goods manufactured without brand name - clearing the goods on payment of Central Excise duty on the branded product namely 'ACE’ brand fire bricks - applicability of N/N. 8/2003-CE dated 01.03.2003, as amended - HELD THAT:- The appellant has already reversed the Cenvat credit availed by them before the matter came to be adjudicated - It is also found that appellant have submitted Chartered Accountant certificate dated 30.01.2010 wherein a month wise break-up of common inputs reversed by them has been given. The department has not verified this fact and has simply proceeded in confirming the duty at the rate 8%/ 10% of the value of exempted goods, which we find that as per various legal pronouncements, is not sustainable. Since the Hon’ble Supreme Court in the case of CHANDRAPUR MAGNET WIRES (P) LTD. VERSUS COLLECTOR OF C. EXCISE, NAGPUR [1995 (12) TMI 72 - SUPREME COURT] has held that once the Cenvat credit availed by the assessee has been reversed, it can be held that assessee has not taken credit of the duty on inputs utilized in exempted final products. The impugned order-in-original is without any merit and hence the same is set-aside. The appeal is allowed.
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