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M/s Pyramid Portland Pvt. Ltd Versus Commissioner, Central Excise & Service Tax, Rajkot

2015 (10) TMI 1185 - CESTAT AHMEDABAD

Denial of CENVAT Credit - Reversal of CENVAT Credit - stocks of the semi-finished goods and stock of purchase - SSI Exemption - whether the Appellant while opting SSI exemption, they are required to reverse the CENVAT Credit on the stock of semi-fini .....

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the appeal on the identical issue Notification No.08/2001-CE, dt.01.04.2001 - Similar view was taken by Hon'ble Andhra Pradesh High Court in the case of Commissioner of C.Ex., Tirupati Vs Suvera Processed Foods Pvt.Ltd. - [2014 (10) TMI 560 - ANDHRA .....

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ed not be reversed on the final product becoming exempt subsequently. - impugned order cannot be sustained and it is set aside. - Decided in favour of assessee. - Appeal No.E/465/2012 - Order No. A/10688/2015 - Dated:- 27-5-2015 - MR. P.K. DAS, J. Fo .....

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nt Clinkers classifiable under Chapter 25 of the Schedule to the Central Excise Tariff Act, 1985. On 01.04.2007, they opted SSI exemption under Notification No.8/2003-CE, dt.01.03.2003 as amended. The issue involved in this case is as to whether the .....

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ith interest and penalty. Learned Advocate submits that no amount of CENVAT Credit was lying in their CENVAT account on 31.03.2007. It is contended that they are not entitled to reverse the credit on stocks of the semi-finished goods and stock of pur .....

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elevant portion of the said decision is reproduced below:- 5.We have heard the learned Counsel for the appellant-revenue of a considerable length and find that no question of law warranting admission of the appeal would arise. There are findings of f .....

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y. It has further been found that there was no one to one relationship of the inputs used and the final products manufactured and cleared from the factory. It has rightly been held that the credit of duty paid on inputs cannot be confined to a partic .....

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