2005 (8) TMI 495

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.... Shri S.R. Dixit, Advocate, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. - Respondents, an assessee under the Central Excise Act avail Modvat credit and discharges duties on medicaments/pharmaceuticals etc. They were issued notices seeking to disallow credit availed wrongly during the period May 98 in contravention of Rule 57CC. 1.2 The respondents availed credit of d....

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.... products which in turn were cleared either on payment of duty or without payment of duty. During the manufacture of the said pharmaceutical products two intermediate products namely (1) Fortified Procaine Penicillin and (2) Benzyl Penicillin emerged as inputs which again were used in the manufacture of injections and formulations." The above mentioned observation is not factually correct. In f....

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....er of Commissioner (Appeals) is required to be set aside. (ii) It is clear from the wording of Rule 57CC that this rule is applicable only in such cases where any manufacturer is manufacturing two or more products and using raw material for these products. If he is using same raw material in two different products, one of which is dutiable and another is exempted then only this rule is app....

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....the label." Thus it is clear that they are not using the intermediate products for two different products but using for only one product (the very same goods). Since Rule 57CC is not applicable in such situation; the order of Commissioner (A) allowing the credit does not appear legal and proper." 2.1 After considering the submission, we cannot accept the proposition that the Intermediat....