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2014 (4) TMI 502 - AT - Central ExciseWhether the main applicant, a textile processor was eligible for the Compounded Levy Scheme (CLS) as notified under Notification No.16/2000-CE, dated 30.04.2000, which came into effect from 01.05.2000 - Held that:- there is a strong prima facie case in favour of the applicant for the period after 01.11.2001 since from that date the applicant-assessee was not having any open-air stentor. However, for the period prior to 31-10-2001 the matter is arguable. We rely on the Explanation II of Rule 96ZNA, which is reproduced in para 2 of this order and prima facie, we are of the view that for the period 01.05.2001 to 31.10.2001, the applicant was hit by Explanation II - there is also a very strong case in the pleading for extending 'deemed CENVAT credit' for the period for which CLS is being denied. - Conditional stay granted.
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