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2015 (7) TMI 625 - CESTAT MUMBAI

2015 (7) TMI 625 - CESTAT MUMBAI - TMI - Cenvat Credit - Demand of 5%/10% value of exempted goods - Non maintenance of separate accounts - whether the appellant is liable to pay amount 5%/10% of the value of Bagasse, Press mud and Fly Ash cleared by them as waste - Held that:- Final order of this Bench in appellant's own case vide order (2014 (2) TMI 1180 - CESTAT MUMBAI) has held that press mud is waste and non-excisable. This view of the Tribunal is binding on me and accordingly if the appella .....

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eversal of 5% or 10% of the value of waste products. Accordingly, in my view, the impugned order is liable to be set aside - Decided in favour of assessee. - Appeal No. E/89805/13 & E/85217/14-Mum - Dated:- 30-3-2015 - M V Ravindran, Member (J),J. For the Appellant : Shri A S Sakpal, Adv. For the Respondent : Shri Ashutosh Nath, Asst Commissioner (AR) ORDER Per: M V Ravindran: These two appeals are directed against Order-in-Appeal No. PUN-EXCUS-003-APP-278-13-14 dated 09.10.2013 and PUN-EXCUS-00 .....

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d to pay an amount of 5%/10% of the value of the exempted non-excisable goods cleared. The appellant paid such amount and subsequently claimed refund on the ground that they paid amount under protest and also on the ground that an identical issue in respect of Shri Vithal SSK Ltd and Majalgaon SSK were in their favour. Revenue authorities issued show-cause notices to the appellant as to maintainability of the refund claim. Adjudicating authority after following the due process of law, rejected t .....

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