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CESTAT adjudicated a complex excise duty dispute involving multiple product classifications and credit claims. The tribunal partially allowed the appeal, holding that: (1) CENVAT credit on input materials for Baking Powder is permissible even prior to registration; (2) Custard Powder qualifies for concessional 1% and 2% duty rates; (3) Corn Flour was incorrectly classified as maize starch and the corresponding duty demand was set aside; (4) The allegation of intentional duty evasion was not sustainable; (5) The extended limitation period was not invokable; and (6) Penalties against the firm and its partner were consequently quashed. The appellant remains liable for excise duties on Baking Powder, Custard Powder, Icing Sugar, and Drinking Chocolate, with specific concessional rate entitlements.
CESTAT adjudicated a complex excise duty dispute involving multiple product classifications and credit claims. The tribunal partially allowed the appeal, holding that: (1) CENVAT credit on input materials for Baking Powder is permissible even prior to registration; (2) Custard Powder qualifies for concessional 1% and 2% duty rates; (3) Corn Flour was incorrectly classified as maize starch and the corresponding duty demand was set aside; (4) The allegation of intentional duty evasion was not sustainable; (5) The extended limitation period was not invokable; and (6) Penalties against the firm and its partner were consequently quashed. The appellant remains liable for excise duties on Baking Powder, Custard Powder, Icing Sugar, and Drinking Chocolate, with specific concessional rate entitlements.
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