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2018 (11) TMI 218 - AT - Central ExciseCENVAT Credit - Compounded levy scheme - N/N. 17/2007-CE dated 01/03/2007 - whether the appellant’s final product manufactured prior to 01/03/2014 as lying in stock, when they opted for compounded levy scheme would attract rate of duty applicable prior to the said date or post the said date? Held that:- Admittedly, at the time of the clearance of the goods the appellant was working under the compounded levy scheme and has paid the duty on the said stock in terms of the said scheme - when earlier the assessee shifted from compounded levy scheme to Cenvat Credit scheme, the stock of the goods manufactured during the period of compounded levy scheme was cleared by them at the tariff rates. They have adopted the same pattern while moving back to the compounded levy scheme. The issue is no more res integra and stands settled by the Hon’ble Supreme Court in the case of Wallace Flour Mills Company Ltd. V/s Collector of C. Ex [1989 (9) TMI 106 - SUPREME COURT OF INDIA] wherein it was held that the rate of duty applicable to the excisable products would be the rate applicable on the date of clearance of the goods. The clearance of the said goods under compounded levy scheme payments are proper and appropriate - appeal allowed - decided in favor of appellant.
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