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2014 (9) TMI 104 - AT - Central ExciseDenial of CENVAT Credit - Exemptions in Notification No.5/2006-CE dt. 01.03.2006 and 2/2008-CE dt. 01.03.2008 - exemption under Notification No.5/2006-CE is subject to the condition that no Cenvat Credit is taken by the appellant but Notification No.2/2008-CE has no such condition - Held that:- It is the case of the revenue that once appellant was availing the benefit of Notification No.5/2006-CE then Cenvat Credit should not have been taken. Alternately, it can also be viewed that once appellant started taking Cenvat Credit then benefit of Notification No.5/2006-CE was not admissible. If the benefit of Notification No.5/2006-CE was not admissible then appellant was entitled to the alternative benefit of Notification No.2/2008-CE where no such condition existed. It is now a settled proposition of law that when there are two exemption notifications available for a product then it is upto the assessee to choose the exemption notification more beneficial to him. - Following decision of Mangalam Alloys Ltd. Vs. C.C.E., Ahmedabad [2010 (4) TMI 493 - CESTAT, AHMEDABAD] - Decided in favour of assessee.
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