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2022 (7) TMI 10 - AT - Central ExciseQuantification of duty on the transfer of inputs - Applicability of LIFO method - whether the appellant have taken the excess Cenvat Credit which was passed on by the Chennai Unit to the appellant? - Rule 3(5) of Cenvat Credit Rules - HELD THAT:- There is no dispute that the appellant have taken the credit of the duty actually paid by the Chennai Unit. The assessment of duty payment by Chennai Unit was not disputed by department. Therefore, at the recipient end the dispute of valuation cannot be raised. This issue is no longer res integra as the same has been decided in various judgments as cited by the appellant - As per the judgment of Hon’ble Apex Court in the case of MDS SWITCHGEAR LTD. VERSUS COMMR. OF C. EX., & CUS., AURANGABAD [2001 (4) TMI 130 - CEGAT, MUMBAI], it was held that the duty paid on the inputs shall be available as Cenvat Credit to the recipient. Thus, the appellant has correctly availed the credit which cannot be denied - appeal allowed - decided in favor of appellant.
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