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2016 (10) TMI 827 - BOMBAY HIGH COURT

2016 (10) TMI 827 - BOMBAY HIGH COURT - TMI - Modvat credit - common input used in manufacture of excisable as well as exempted product - Rule 57-AD of the Central Excise Rules, 1944 - amendment of rule by Finance Act of 2010 - the substantial questions of law, on which the appeal was admitted, do not survive any longer - appeal dismissed. - Central Excise Appeal No. 138 of 2005 - Dated:- 17-10-2016 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. Ms. P. S. Cardozo with Mr. Vipul A. Bajpayee for .....

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ading 29.36 are chargeable to duty at 16%, whereas, the goods under Chapter Heading 23.02 are chargeable to nil rate of duty. In the process of manufacture of both these products, a common intermediate product, as set out in para 3.1 of this memo of appeal, is used. Thus, the common input went into manufacture of dutiable as well as exempted final product. The respondent assessee also availed MODVAT Credit on the common inputs and reversed the credit at the rate of 8% at the time of clearance of .....

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the tribunal's decision in the case of Dharamshi Morarji Chemicals vs. Commissioner of Central Excise 2001 (44) RLT 411. That is how a show cause notice was issued by terming the practice as incorrect and calling upon the assessee to pay duty equivalent to 8% of the value of the final product in terms of Rule 57-AD of the Central Excise Rules, 1944. The demand of ₹ 99,78,809/- was raised along with interest. 4. This demand was confirmed by the order-in-original dated 31st December, 20 .....

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