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M/s Gokul Foods Pvt. Ltd. Versus Commissioner of Central Excise, Lucknow

2017 (11) TMI 693 - CESTAT ALLAHABAD

N/N. 67/1995-CE - intermediate goods - captive consumption - sugar syrup - Held that: - Co-ordinate Bench in the case of Rishi Bakers Pvt. Ltd., Kanpur [2015 (4) TMI 893 - CESTAT NEW DELHI] held that there was no evidence to prove that ‘sugar syrup’ .....

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xistence during manufacture of biscuits and captively consumed, does not attract Central Excise duty for the reason that there is no evidence that the same is marketable. - Appeal allowed - decided in favor of appellant. - E/50719-50723/2015-EX[D .....

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er: Anil Choudhary The above stated appeals are arising out of impugned Order-in-Appeal No.246-250-CE/APPL-LKO/LKO/2014 dated 25.11.2014 having a common issue. Therefore, they are taken together for decision. 2. The brief facts of the case are that t .....

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the final products manufactured by the appellants were attracting Central Excise Duty @ 8% ad-valorem, therefore the intermediate products were exempted from payment of Central Excise Duty in term of Notification No.67/1995-CE dated 16.03.1995. Howev .....

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ediate product became inapplicable. Therefore, the appellants were issued various show cause notices demanding Central Excise duty on intermediate product on sugar syrup, captively consumed, in the manufacture of biscuits. The various show cause noti .....

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ommon Orders-in-Appeal upheld the Orders-in-Original, however was pleased to remand with the direction(s) to allow Cenvat Credit on inputs and re-calculated the demand, interest and penalty. Aggrieved by the said orders in appeal, appellant is before .....

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ati Food Private Ltd. He has submitted a copy of Final Order Nos.70409-70417/2016 dated 30.06.2016, passed by this Bench, in respect of appeal filed by M/s Bhagwati Food Pvt. Ltd. and others in Appeal Nos.E/51610-51618/2015 and submitted that this Tr .....

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unal in above stated case. 5. Having considered the rival submissions from both sides and on perusal of record we find that this Tribunal relied on the decision by Coordinate Bench in the case of Rishi Bakers Pvt. Ltd., Kanpur decided vide Final Orde .....

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