2012 (11) TMI 680

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....ondent. [Order]. - The issue for determination in this appeal filed by the Revenue is whether the respondent-assessee is entitled to CENVAT Credit under Notification No. 35/2003-C.E. (N.T.), dated 10-4-2003 on the stock of grey fabrics treating the same as input or finished goods. If the same are treated as input, the respondents would be eligible for credit @ 8.63% and if they are treated as fi....

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....n is obtained by the trader as dealer or manufacturer are irrelevant considerations to interpret the notification as there is nothing in the notification to discriminate between a person registered as dealer or manufacturer for the purpose of deemed credit under the said notification. The notification fixes different deemed credit for (a) unprocessed fabrics lying as inputs in stock and (b) unproc....