2016 (12) TMI 1736

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....Technical) For The Appellant : Sh. A. K. Prasad & Ms. Surbhi Sinha, Advocates For The Respondent : Sh. G. R. Singh, AR ORDER Per: V. Padmanabhan: The appellant is a manufacturer of cement. Unit-I and Unit-II were registered separately during the periods upto 1998. Common registration was issued to both the units in 1998. For manufacture of cement, they make use of limestone mined fr....

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....nt equal to 8% of the value of the exempted goods. The department considered the part of the limestone transferred by Unit-I to Unit-II after the process of crushing, to be clearance of exempted products. Consequently, they raised demand for reversal of an amount of 8% of the value of limestone cleared to Unit-II. 2. With this background, we heard Shri A. K. Prasad, ld. Counsel for the appellan....

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....eared by Unit-I to Unit-II, under the erstwhile Rule 57CC of the Modvat Rules. However, we find that the entire modvat credit availed by the appellant on the duty paid explosives utilised for mining of limestone has been reversed alongwith interest. We also find that the decision of the Hon'ble Supreme Court in the case of Chandrapur Magnet (supra) cited by the ld. Counsel covers the issue in favo....