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U.P. State Sugar Corporation Ltd. Versus Commissioner

Denial of CENVAT Credit - Whether the Tribunal has committed an error of law in denying the credit on welding electrodes solely on the ground that they are classified under Heading 83 of Central Excise Tariff which is not covered under the definition .....

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this Court’s judgment in M/s. Upper Ganges Sugar & Industries Ltd. v. Commissioner Customs & Central Excise (2015 (5) TMI 569 - ALLAHABAD HIGH COURT), the question has to be answered on merits also, against the appellant. - Decided against assessee. .....

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August, 2009, formulating following substantial question of law : Whether the Tribunal has committed an error of law in denying the credit on welding electrodes solely on the ground that they are classified under Heading 83 of Central Excise Tariff w .....

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It is evident from what has been observed by Tribunal on paragraph No. 2 of impugned order dated 6-6-2005, which reads as under : 2. The claim for the Modvat credit on the welding electrodes has not been pressed, in view of the law laid down in .....

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