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Customs, Excise and Gold Tribunal - Bangalore

Cce, Bangalore vs M/S Itc Ltd. on 14 March, 2001

ORDER

Shri G.A. Brahma Deva

1. These two appeals are filed by the Revenue. The point to be considered in these two appeals is whether excise duty paid on raw-material if modvated is to be included in determining the cost of production of excisable product. This issue has already been decided by the Tribunal in the case of Daiichi Karkaria Ltd., Vs CCE Pune reported in 1996 (81) ELT 676 and the view taken by the Tribunal has been upheld by the Supreme Court as reported in 1999, 112 (EIT) 353(S.C.). In view of this settled position, we do not find any merit in the appeals filed by the Revenue. Accordingly these two appeals are dismissed.

(Pronounced and dictated in open court)