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M/s. Vakkal Impex (P) Ltd. Versus CCE, Guntur

2016 (10) TMI 338 - CESTAT HYDERABAD

CENVAT credit - inputs received from 100% EOU - Special Additional Duty - Notification No.23/2003-CE dt. 31/03/2003 states that a formula was fixed for taking the CENVAT credit on the goods received from the 100% EOU and it is restricted to 50% of th .....

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OU and for availing credit on special additional duty justified? - Held that: - the appellants had not availed the benefit of Notification No.23/2003-CE dated 31.03.2003 and that therefore the demand is not sustainable. The issue involved is covered .....

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uivalent to the excise duty and cess. - Demand unsustainable - appeal allowed - decided in favor of appellant. - E/25672/2013 - Final Order No. A/30711/2016 - Dated:- 8-8-2016 - Shri Madhu Mohan Damodhar, Member(Technical) Shri Asmita A. Nayak, A .....

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042100 of the First Schedule to the Central Excise Tariff Act, 1985. The assessees are registered with the Central Excise Department and are paying Central Excise duty on the goods manufactured and cleared by them. The assesses are also availing the .....

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the period from 2007-08 and 2008-09, it has come to the notice that the assesses have utilized CENVAT credit on 100% instead of 50%. They availed CENVAT credit to the tune of ₹ 34,63,980/- and also availed the Special Additional Duty of Customs .....

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ods received from the 100% EOU and it is restricted to 50% of the actual amount of duty paid on the inputs. In respect of Special Additional Duty of Customs, the CENVAT credit on the goods cannot be allowed during the impugned period 2007-08 to 2008- .....

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77; 16,87, 150/- was irregularly taken as CENVAT credit and utilized by them. Department entertained the view that since the appellant had taken excess CENVAT credit to the tune of ₹ 17,04,272/- and ₹ 16,87,150/- the credit was irregularl .....

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