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INDIA CEMENTS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, TRICHY

2008 (9) TMI 853 - CESTAT CHENNAI

Cement, packed cement - whether the benefit of N/N. 4/2006-C.E., dated 1-3-2006 as amended by N/N. 4/2007-C.E., dated 1-3-2007 is admissible to cement cleared by the appellants in packed condition (150 kgs.) to industrial/institutional consumers duri .....

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, Member (J)]. - After examining the records and hearing both sides, we are of the view that the appeal itself requires to be disposed of finally at this stage. Accordingly, after allowing Miscellaneous Application No. 241/2008 (for out-of-turn dispo .....

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6-C.E., dated 1-3-2006 as amended by Notification No. 4/2007-C.E., dated 1-3-2007 is admissible to cement cleared by the appellants in packed condition (150 kgs.) to industrial/institutional consumers during the period April 2007 to February 2008. In .....

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e relevant entries in the exemption Notification were so interpreted by the assessee as to make it appear that the goods actually removed in packed form had been deemed to have been removed otherwise. For this purpose, the party claimed support from .....

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(F. No. 124/02/08-CX3, dated 12-6-2008), which has been placed before us today by the learned consultant, was not available to the learned Commissioner at the time of adjudication of the case. This circular apparently refers to the above Explanation .....

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