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2011 (8) TMI 882

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..... nal products categoriesed in Rule 57CC, as second category of final product and that the process of manufacture is such in which the inputs in any final product cannot be easily determined or computed and separate inventory and accounts of the receipt and use of inputs cannot be maintained - Appeal is dismissed
Sunil Ambwani and Pankaj Mithal, JJ. REPRESENTED BY : Shri B.K. Singh Raghuvansi an .....

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..... ned the order on the following grounds :- "I. Whether the spent Sulphuric Acid produced by the party is a dutiable product? II. Whether provisions of Rule 57AD of the erstwhile Central Excise Rules, 1944 and Rule 6(3)(b) of the Cenvat Credit Rules, 2001 are applicable in the present case? III. Whether recovery mechanism in the matter is also available in the light of explanation II of the said .....

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..... -determined ratio to manufacture Acid Slurry which is the final product of the appellants. As a result of mixing of these two main inputs, reaction takes place. After reaction, water is added and then after settling process, spent Sulphuric Acid is drained separately. After draining the spent Sulphuric Acid, what remains is Acid Slurry which is the final product of the appellants and has been clea .....

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..... on to the manufacturer of both the aforesaid categories of final product whether directly or indirectly, and whether contained in the said final product or not, the manufacturer shall, unless the provisions of sub-rule (9) are complied with, pay an amount equal to eight percent of the price (excluding sales tax and other taxes, if any, payable on such goods) of the second category of final product .....

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