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1 - 3 of 3 (0.33 seconds)C.C.E, Chandigarh vs Cnc Commercial Ltd on 14 July, 2016
7. Although the Revenue filed the Appeal against the aforesaid
order of this Tribunal, but the same was withdrawn, for whatever
reason. The decision passed by this Tribunal or any co-ordinate bench
of the Tribunal has binding value and any lower authority is bound by
the said decision, unless it is disagreed and referred to a Larger Bench.
Collector Of Central Excise, Pune Etc. ... vs Dai Ichi Karkaria Ltd. Etc. Etc on 11 August, 1999
"5. We have heard the learned Counsel for the appellant-revenue
of a considerable length and find that no question of law warranting
admission of the appeal would arise. There are findings of fact
recorded by the Commissioner (Appeals) as upheld by the Tribunal
to the effect that the assessee-respondent had correctly availed
and utilized the credit of duty paid by them on those inputs when
these final products were chargeable to excise duty. It has further
been found that there was no one to one relationship of the inputs
used and the final products manufactured and cleared from the
factory. It has rightly been held that the credit of duty paid on inputs
cannot be confined to a particular raw material to which the credit is
related and out of which a final product is manufactured. Therefore,
it has been rightly held that the assessee-respondent were not
required to reverse the Cenvat credit of Rs. 88,731/- The judgment
of the Hon'ble Supreme Court in Dai Ichi Karkaria case has been
correctly applied. There is thus no merit in these appeals which are
accordingly dismissed."
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