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M/s Barmalt India Pvt. Ltd. Versus C.C.E. Delhi-III, Gurgaon

2017 (1) TMI 1516 - CESTAT CHANDIGARH

CENVAT credit - manufacture of taxable as well as exempt goods - waste - chhilka, dundli, bhushi and sprout - Rule 6(3) of the Rules - Held that: - the Tribunal relying upon the decisions of the Bombay High Court in Hindalco Industries Limited vs. Un .....

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ods - appeal allowed - decided in favor of Revenue. - APPEAL NO. E/1506/2011 - FINAL ORDER NO. 60038/2017 - Dated:- 11-1-2017 - Hon ble Mr. Ashok Jindal, Member (Judicial) and Hon ble Mr. Devender Singh, Member (Technical) Sh. N. Bindal , Advocate fo .....

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the case are that the appellant is engaged in manufacturing of Malt and Malt extract and availing Cenvat Credit on inputs, capital goods and input services. During the course of manufacturing of said products certain waste generated that is called ch .....

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les 6(3) of the Cenvat Credit Rules, 2004. In these set of facts, a show cause notice was adjudicated to the appellant, demand of 10% of the value of the exempted goods was confirmed along with interest and equivalent penalty was also imposed on the .....

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d Vs. Union of India 2015 (315) E.L.T. 10 (Bom.) and in the case of Balrampur Chini Mills Ltd. Vs. Union of India 2014 (300) E.L.T. 372(All.), they are not liable to pay 10% of the value of waste generated during the manufacturing of Malt & Malt .....

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