2007 (7) TMI 322

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.... 35G of the Central Excise Act, 1944, feeling aggrieved by judgment and order dated 19-4-2006 passed by the Customs, Excise and Service Tax Appellate. Tribunal (CESTAT for short). 2. Respondent-assessee is engaged in manufacturing pharmaceutical products, which are excisable goods. It is alleged that respondent contravened the provisions of Rule 57CC. It had availed Modvat credit on common inputs....

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....ssee approached the Commissioner of Appeals, which allowed the appeal and set aside the order of the Commissioner (Appeals) and hence the department is before us. 5. Heard respective counsel. 6. So far as factual aspects are concerned, there is no dispute that although initially, the assessee company availed Modvat credit on the common inputs used, both in the manufacture of dutiable as well as ....

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....be in the form of Bin cards, these inputs were being separately entered and were being deleted from the common stock register. In view of these factual details, learned Members of Cenvat felt that the case of the assessee was squarely covered by circular issued by the Central Board of Excise and Customs No. 231/66/96/ES dated 25-7-1996 wherein the Board had clarified that the credit of the duty pa....

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....hmukh for our ready reference and para 3 of it reads thus : "Keeping in view of the decision of the Hon'ble Supreme Court in the case of M/s. Chandrapur Magnet Wires Pvt. Ltd. v. C.C.E., Nagpur (Civil Appeal No. 7275 of 1995, dated 12-12-1995), it has been decided by the Board that credit of the duty paid on common inputs is admissible when used in the manufacture of the final product (exempted a....