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2017 (12) TMI 693 - AT - Central ExciseCENVAT credit - the SCN was issued on the basis of assumption that the closing stock of finished goods lying in stock was manufactured with CENVAT scrap and therefore the appellant is liable to reverse the CENVAT credit taken on the inputs whereas the stand of the appellant from the very beginning was that closing stock of finishing goods was manufactured out of non-CENVAT inputs - Held that: - in the impugned order, Commissioner(Appeals) has not given any reason as to how the Department entertained the view that the closing stock of finished goods is manufactured out of CENVAT inputs. Besides this, the calculation sheets furnished by the appellant were also not considered - the rate of duty during the relevant time was 8% whereas the demand has been confirmed on the assumption that the rate of duty was 10%. The impugned order which is based on assumptions and presumption and is not sustainable in law - appeal allowed - decided in favor of appellant.
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