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M/s Monnet Ispat and Energy Ltd. Versus C.C.E. & S.T. Raipur

2016 (8) TMI 543 - CESTAT NEW DELHI

Cenvat credit - inputs and capital goods used in or in relation to manufacture of the Silico Manganese slag and Ferro Chrome slag come into existence as a residue/ waste product - slag emerged during the course of manufacture of the main final produc .....

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y or exemption does not arise. Therefore, the embargo created in Rule 6(3) of the Cenvat Credit Rules, 2004 for payment of amount equal to 5%, 6% or 10% of the value of exempted goods has no application in the circumstances of the present case. It is .....

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of amount under Rule 6(3) of the Rules by the authorities below is not in conformity with the cenvat statute. - Decided in favour of appellant - E/55719/2014-Ex[SM] - Final Order No. 52572/2016 - Dated:- 22-7-2016 - Mr. S.K. Mohanty, Member (Judicia .....

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Act, 1985. The appellant avails cenvat credit of Central Excise duty paid on the inputs and capital goods used in or in relation to manufacture of the said final product Silico Manganese slag and Ferro Chrome slag come into existence as a residue/ wa .....

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ise duty, and thus, the appellant is required to pay an amount equal to 5% or 6% or 10% of value of the slag in terms of Rule 6(3) of the Cenvat Credit Rules, 2004. The amount confirmed under Rule 6(3) of the Rules read with 11(A) of the Central Exci .....

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ates the findings recorded in the impugned order. 4. Heard the Ld. AR for the Revenue and examined the records. 5. It is an admitted fact that Silico Manganese slag and Ferro Chrome slag emerge involuntarily during the course of manufacture of the fi .....

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ore, the embargo created in Rule 6(3) of the Cenvat Credit Rules, 2004 for payment of amount equal to 5%, 6% or 10% of the value of exempted goods has no application in the circumstances of the present case. In this context, I find that the CBEC in C .....

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