2009 (4) TMI 605

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....pellant. Shri Anjan Sarkar, C.A., for the Respondent. [Order per : S.S. Kang, Vice-President].  Heard both sides. The miscellaneous application for condoning the delay in filing the appeal is allowed. 2. As the common issues are involved in both the appeals, the same are being taken up for hearing together. 3. The appellants, M/s. TIL Ltd., are engaged in the manufact....

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....ere not having any knowledge regarding which the goods were cleared under exemption notification. Therefore, the inputs which are already in stock and the credit has already been taken, were used in the manufacture of final product and at the time of clearance of goods under exemption notification, the proportionate credit is reversed and this aspect is not in dispute. It is also submitted that 80....

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..... The appellants are taking credit in respect of duty paid on indigenous inputs. Some of the final product was cleared under Notification No. 10/97-C.E., dated 1-3-97 to the Defence Research Development Organization without payment of duty. At the time of clearance of such goods, the appellants are reversing credit availed on the inputs and this fact is not in dispute. In these circumstances, we f....