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2016 (12) TMI 1736

o Unit-II - Held that:- The entire MODVAT credit availed by the appellant on the duty paid explosives utilised for mining of limestone has been reversed alongwith interest - once the MODVAT credit availed has been reversed, it should be considered as not availed ab initio - appeal allowed - decided in favor of appellant. - Excise Appeal Nos. 1598 of 2008 And 60552 of 2013 - Final Order No. 56072 a .....

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is sent to Unit-II for use in the manufacture of cement. During the period when two units enjoyed separate registrations, the department took the view that reversal of a part of cenvat credit is required to be done in Unit-I under the provisions of Rule 57CC of the then Modvat Rules. This rule required that when a manufacturer avails credit on inputs which are used partially in the manufacture of .....

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e appellant has reversed the entire credit taken on the duty paid explosives used by them. They relied upon the judgment of Hon ble Supreme Court in the case of Chandrapur Magnet Wires (P) Ltd. vs. CCE, Nagpur 1996 (81) ELT 3 (SC) and submitted that once the modvat credit availed has been reversed, it should be considered as not availed ab initio. 4. The authorities below have confirmed the paymen .....

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