2006 (3) TMI 11

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..... pipeline. Most part of it has been used in manufacture of dutiable lamps and some part of it has been used for non-dutiable lamps. 2. The learned Advocate for the respondents states that it is not in dispute that since the nitrogen gas is received through pipeline is in not possible to segregate the same for use in dutiable and non-dutiable lamps. It has not also been possible to maintain any sep .....

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..... has allowed the appeal of the respondents setting aside the order of the original authority relying on the Hon'ble Supreme Court's decision in the case of Chandrapur Magnet Wires (P) Ltd. v. CCE, Nagpur - 1996 (81) E.L.T. 3 (S.C.). Hence, this appeal has been filed by the department. 5. Shri M.K. Srivastava, learned SDR appearing for the department states that as per the existing rule at the mat .....

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..... nd not in the context of Rule 57AD of the Central Excise Rules, 1944. The learned SDR also states that permitting reversal of the credit when the rule does not provide for the same would render the rule nugatory. 6. It is argued by the learned Counsel for the respondents that the ratio of the decision of the Hon'ble Supreme Court in the case of Chandrapur Magnet (supra) has also been followed by .....

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..... ough the decision in the case of Chandrapur Magnet (supra) has been rendered in the context of an exemption notification, the ratio of the said decision holding that reversal of credit before clearance of the exempted goods amounts to non-availing credit, when it is not possible to segregate the inputs, is applicable in our view to facts of this case and we find that in several decisions cited by .....

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..... do not deal with a situation when it is not possible to segregate the inputs, whereas such a situation has been dealt by the Hon'ble Supreme Court's decision in the case of Chandrapur Magnet (supra). 9. In view of our findings as above, we are of the opinion that the impugned order passed by the lower appellate authority setting aside the c and penalty is reasonable and the same does not call, fo .....

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