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2014 (1) TMI 375

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..... manufacturing activity was undertaken by the appellant, they cannot be held entitled to avail the Cenvat credit - the appellant has discharged the central excise duty on their final product, by utilizing the Cenvat credit - by debiting the Cenvat credit while paying the duty on their final product, the entire Cenvat credit stand reversed - Even otherwise, it is revenue neutral situation – followin .....

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..... ver is not justified. We also note that present matters are at the end of the list and as such, no pass over can be allowed. 2. In view of the above, we reject the request for pass over and proceed to decide appeal itself inasmuch as, after hearing the learned DR, we find that the issue is covered by umpteen number of precedent decisions of various judicial and quasi-judicial authorities. 3. V .....

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..... As such, we note that by debiting the Cenvat credit while paying the duty on their final product, the entire Cenvat credit stand reversed. Even otherwise, it is revenue neutral situation and is covered by Apex Court decision in the case of Narmada Chematur Pharmaceuticals Ltd. [2005 (179) ELT 276 (SC)]. In view of the foregoing discussion, we set aside the impugned order and allow the appeals with .....

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