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M/s. Dalmia Cement (Bharat) Limited Versus CCE, Trichy

2016 (1) TMI 818 - CESTAT CHENNAI

Erroneous availment of CENVAT credit in respect of maintenance of green belt to reduce pollution - Held that:- When appellant is manufacturer of cement and control of pollution in factory area is an indispensable necessity. Therefore, CENVAT credit o .....

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with a view to comply to the provisions of Factories Act. In such an event, when it did not rule out the utility of service to factory workers, disallowance is uncalled for. - Appeal Nos. E/41800/2013 and E/42684/2014 - Final Order No. 41741-41742 / .....

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ailment of CENVAT credit in respect of maintenance of green belt to reduce pollution which was under consideration by both the authorities below but disallowed for no good reason. He says that there were adequate evidences before the authorities show .....

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es on the decision of the Tribunal in the cases of CCE Vs. M/s. Grasim Industries Ltd. - 2015 (12) TMI 272 and Sterlite Industries (I) Ltd. Vs. CCE, Madurai - Final Order No. 41148/2015 dated 9.9.2015 to buttress his claim. 2. Argument advanced as ab .....

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o. E/41800/2013 is concerned, learned Commissioner (Appeals) on first round of litigation had directed examination of the matter as to compliance of the provisions of the Factories Act. But upon remand and re-examination of the matter, learned adjudi .....

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eals) in the appeal that service of caterer was not utilized for the factory with a view to comply to the provisions of Factories Act. In such an event, when it did not rule out the utility of service to factory workers, disallowance is uncalled for. .....

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