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S.H. Kelkar & Co. Pvt. Ltd. Versus Commissioner of Central Excise, Mumbai-III

2017 (2) TMI 90 - CESTAT MUMBAI

Reversal of CENVAT credit - unaccounted obsolete stock of raw material lying in the factory of the assessee and on the goods consumed captively for manufacture of dutiable goods cleared at nil rate of duty - Held that: - the impugned order has simply .....

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for the period beyond five year. The impugned order does not deal with the issues - appeal is allowed by way of remand for comprehensive examination of issues raised by the appellant. - E/109/08 - A/85147/17/SMB - Dated:- 4-1-2017 - Mr. Raju, Member .....

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aw material lying in the factory of the assessee and on the goods consumed captively for manufacture of dutiable goods cleared at nil rate of duty against CT-3 certificate to Special Economic Zone. The demand of duty was confirmed on both the counts .....

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case on merits based on the grounds of appeal memorandum. 3. In the appeal memorandum it has been argued that the raw materials on which reversal of credit has been sought were still lying in the factory and were not written off in the records and w .....

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thority to decide about the utility of such materials in the production. It has been argued that if the material even if obsolete and non-usable is lying in the factory, no reversal of credit is required. The appeal also argues that the intelligence .....

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nes were neither not exempted or attracted nil rate of duty and therefore, the adjudicating authority had committed an error in interpreting the proviso to the Notification No.67/95. It has been argued that so called intermediate products have been c .....

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