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2018 (9) TMI 1125

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..... Excise Duty is paid in terms of Sr. No. 2 of the Notification No. 23/2003-CE dated 31.03.2003 then the admissible Cenvat credit is 50% of [X multiplies by {(1+BCD/100) multiplied by (CVD/100)}], where BCD and CVD denote ad valorem rates, in per cent, of basic customs duty and additional duty of customs leviable on the inputs and X denotes the assessable value. The authorities at lower level by .....

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..... credit admissible in respect of central excise duty paid by an 100% EOU claiming benefit of Sr. No. 2 of Notification No. 23/2003-CE dated 31.03.2003. 3. Brief facts of the case are that the appellants were engaged in the manufacture of Pet Preforms. They availed Cenvat credit of entire central excise duty paid on the inputs which were procured by them from 100% EOU where the duty was paid as p .....

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..... the demand of ₹ 69,85,771/- was confirmed and out of the demand of ₹ 7,73,909/- entire amount was confirmed. The proceedings culminated into filing of these appeals. We note that the amount confirmed was availed by the appellants which was the entire central excise duty paid by an 100% EOU. The authorities below have invoked provisions of Clause (a) of Sub- Rule 7 of Rule 3 of Cenvat C .....

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