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2000 (6) TMI 105

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..... yde which it in turn used in the manufacture of pentaerythritol which it cleared on payment of duty. By application of Notification 217/86 the acetaldehyde would be exempted from duty since it is consumed in the factory of production for manufacture of excisable goods. The appellant, however, paid duty on the acetaldehyde and utilised the duty so paid in the form of Modvat credit towards the payme .....

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..... here is an additional factor in the case before us. The classification list filed by the appellant for the period in question 1991 to 1993 clearly indicated the appellant's intention to pay duty on the captively consumed acetaldehyde, not availing the exemption notification, has been approved. The duty that was paid therefore was paid in pursuance of an approved classification list. The statement .....

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