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2011 (11) TMI 557 - AT - Central ExciseWaiver of pre-deposit - Wrong availment of the benefit of concessional rate of duty of exemption Notification No. 59/2008-C.E., dated 7-12-2008 - Held that:- Appellant’s final products were exempted from payment of duty by Notification No. 29/2004-C.E., dated 9-7-2004, and further amended by Notification No. 59/2008-C.E., dated 7-12-2008 and another notification was also issued granting concessional rate of duty for the period from same product. Appellants availed Notification No. 59/2008-C.E. for clearances made to export, and discharged concessional rate of duty under Notification No. 59/2008-C.E., for which they filed various rebate claims. In our considered view, the entire case of the Revenue is for reversal of the Cenvat credit taken by the appellant on the inputs used by them for manufacturing and clearing such final products at the concessional rate of duty by not availing the benefit of exemption granted by Notification No. 29/2004. If it is undisputed that the appellant had discharged the duty liability on the final products by availing the benefit of Notification No. 59/2008-C.E., he has anyway already reversed the amount of Cenvat credit taken by him on the inputs used for manufacturing of such products. - Following decision of the case of Mahindra & Mahindra Ltd. [2010 (12) TMI 403 - BOMBAY HIGH COURT] - Stay granted.
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