2007 (4) TMI 610

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..... n up together for hearing and disposal. 3. The Respondents manufacture Cosmetics, Hair Dyes etc. in Guwahati and availed the area based exemption under notification No. 32/99-CE Dated-08/07/1999. They procure packing and raw materials on which they take credit of basic excise duty and education cess. While paying education cess on the finished goods, the Respondents utilized the education cess c .....

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..... inputs. That sub-rule has no application at all in regard to utilization of credit of "basic excise duty". Provision relating to utilization of basic excise duty credit is to be found in sub-rule (4) of Rule 3 Cenvat Credit Rules. That sub-rule places no limitation at all on utilization of the basic excise duty credit Therefore, the finding in the original order that sub-rule 7 (b) was attracted t .....

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..... isation for payment of duty on the finished goods in which the said inputs have been used in respect of manufacturers availing certain exemptions including the aforesaid exemption No. 32/99. This proviso also merely puts a restriction that the input duty credit cannot be utilized for paying duty on other final products which is not the case in respect of the Respondents. 7. In view of the legal .....

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