https://www.taxtmi.com/caselaws?id=116636 Where duty already paid on the finished dipped fabrics exceeded or covered the duty attributable to the captively consumed raw material, the Tribunal held that the excess duty could be adjusted against the demand on the raw material. On that basis, the additional excise duty demand was unsustainable and the exemption under the relevant notification could not be denied. Because the penalty was proposed only as a consequence of the duty demand, and the demand itself failed after adjustment, the penalty also could not survive and was set aside. The appeal therefore succeeded in full. en-us Wed, 19 Oct 2005 00:00:00 +0530 Thu, 14 Jun 2012 14:22:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=116636 Where duty already paid on the finished dipped fabrics exceeded or covered the duty attributable to the captively consumed raw material, the Tribunal held that the excess duty could be adjusted against the demand on the raw material. On that basis, the additional excise duty demand was unsustainable and the exemption under the relevant notification could not be denied. Because the penalty was proposed only as a consequence of the duty demand, and the demand itself failed after adjustment, the penalty also could not survive and was set aside. The appeal therefore succeeded in full. Case-Laws Central Excise Wed, 19 Oct 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=116636