cenvat credit

This query is : Resolved 

21 December 2010 manufacture paid excise on intermediary goods and he do not paid excise on final product. A.O send a demand notice.
my question is that "the manufacture can use the cenvat credit on which he do not paid excise duty ?"

21 December 2010 Subject to Rule 6 of the Cenvat Credit Rules, 2004.



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