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2009 (8) TMI 200

..... rk in progress. - the revenue has not been able to show any provision dealing with confiscation of raw material which has not been accounted. Moreover, it is admitted case of the parties that no cenvat credit was availed on the raw material and goods were held to be non-excisable items - Once no duty is paid then there is no question of availing any cenvat credit on such raw material. Therefore, t .....

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..... al and the goods concerning work in progress. The final goods and the scrap were found lying in the factory. The Tribunal further found that it was not a case of clandestine removal of goods nor it was proved by any corroborating evidence. The Tribunal has also found that no cenvat credit was availed on the raw material and that the dealer-respondent was not a producer nor registered producer and .....

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