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2014 (9) TMI 67

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..... oner (Appeals) whereby the Commissioner (Appeals) directed to recover only Rs. 1,12,105/- as against the demand of Rs. 3,93,862/-. The learned AR submits that the demand was raised on the basis of the Honble Supreme Courts decision insofar as the respondent availed the credit on the wire rods and used in the conversion of wires for the period 29.5.2003 to 4.12.2003 which can be treated as excise g .....

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..... n drawn wire after availing the credit of duty paid on inputs for the said period. It is aimed at regularizing availment of credits at two stages and payment of an amount representing duty at one stage. The purpose of the amendment is to regularize credit taken at the input stage (on wire-rod), credit taken by the downstream user of drawn wire and the amount paid as central excise duty on clearanc .....

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..... h, the appellants case is squarely covered by the Taxation of Laws (Amendment) Act, 2006 and Boards Circular dated 26-7-2006. Accordingly, the impugned order is liable to be set aside and we do so. The appeal is allowed. 3. In view of the above decision and the amendment to Rule 16, I do not find any reason to interfere with the order passed by the Commissioner (Appeals). Accordingly, the appeal .....

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