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M/s. Shah Fabrics Pvt. Ltd. Versus C.C.E. Jaipur

2016 (9) TMI 177 - CESTAT NEW DELHI

Valuation - inclusion of unutilized credit in the cost / assessable value of grey fabrics - Whether the additional excise duty credit which the appellant has availed but has not been used by them in as much as their final product did not attract any .....

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aria Ltd. [1999 (8) TMI 920 - SUPREME COURT OF INDIA]. It stands held that the excise duty paid on raw material if modvatted not to be included in determining the cost of production of excisable product. In the present case we note that it is not the .....

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e added back to the assessable value of the final product. Even otherwise also we find from perusal of the invoices produced before us that their final product was being sold by the assessee at the transactional value in which case the question of ad .....

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a, Advocate for the Applicant. Shri M.R. Sharma, DR for the Respondent ORDER: Per Archana Wadhwa: After hearing both the sides we find that the appellant are engaged in the manufacture of grey fabrics. They were availing the Cenvat Credit on BED, SED .....

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s much as the grey fabric did not attract any AED (T&TA) and the said credit so availed by them was lying unutilized in their Cenvat Credit Accounts. 2. Revenue by entertaining the view that the credit lying in their books was an expenditure whic .....

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confirmation of interest and imposition of penalty. The order passed by the original Adjudicating Authority was further confirmed by Commissioner (A). Hence the present appeal. 3. After hearing both the sides we find that the short issue involved is .....

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issue is no more res integra and stands settled by the Hon ble Supreme Court decision in the case of Collector of Central Excise Pune Vs. Dai Ichi Karkaria Ltd.-1999 (112) ELT 353 (SC). It stands held that the excise duty paid on raw material if mod .....

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