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TMI Blog2018 (7) TMI 1928X X X X Extracts X X X X X X X X Extracts X X X X ..... LTD. VERSUS COMMISSIONER OF C. EX., RAIGAD [ 2007 (2) TMI 5 - CESTAT, MUMBAI] but it is fact that the adjudicating authority has not considered the issue of revenue neutrality - It has been held number of decisions where there is revenue neutrality situation there is no justification in issuing a confirming the demand as the whole exercise will be only academic one. The demand is required to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest under Section 11AB of the Act. The adjudicating authority has also imposed penalty of equal amount under the provisions of Section 11AC of the Act read with Rule 25 of Central Excise Rules, 2002 (for short referred as Rules ). The issue involved in this case is regarding the valuation of goods captively consumed by the appellant to their other units. 2. Against this backgr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in this case the duty paid by the appellant is being availed as Cenvat credit under Cenvat Credit Rules, 2004 and the other unit so the entire issue is revenue neutral. Considering the above fact has not been considered by the ld. Adjudicating authority. The ld. Adjudicating authority has confirmed the demand following the decision of Larger Bench in the case of Ispat Industries Ltd. Vs. CCE, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the issue of revenue neutrality. It has been held number of decisions where there is revenue neutrality situation there is no justification in issuing a confirming the demand as the whole exercise will be only academic one. For this, we referred and rely to the following decisions : (i) Anglo French Textile Vs. CCE 2018 (360) ELT 1016 (Tri. Chennai); (ii) CCE Vs. Coca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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