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    <title>2011 (8) TMI 882 - ALLAHABAD HIGH COURT</title>
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    <description>Spent sulphuric acid arising inevitably as waste or a by-product during manufacture of acid slurry was not a separate final product alongside dutiable goods, so the conditions for treating it as a second category final product under Rule 57CC were not satisfied. As the rule applies only where a manufacturer produces both dutiable and exempt or nil-rated final products and common inputs cannot be separately identified, the 8% amount on clearance could not be demanded. Denial of CENVAT credit with penalty on its clearance was therefore unwarranted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=211432</link>
      <description>Spent sulphuric acid arising inevitably as waste or a by-product during manufacture of acid slurry was not a separate final product alongside dutiable goods, so the conditions for treating it as a second category final product under Rule 57CC were not satisfied. As the rule applies only where a manufacturer produces both dutiable and exempt or nil-rated final products and common inputs cannot be separately identified, the 8% amount on clearance could not be demanded. Denial of CENVAT credit with penalty on its clearance was therefore unwarranted.</description>
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      <pubDate>Tue, 09 Aug 2011 00:00:00 +0530</pubDate>
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