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2017 (2) TMI 252 - CESTAT AHMEDABADEligibility of the deemed credit availed as per the provisions of Sub Para 1(a) and (b) of para 2 of the N/N. 6/2002-CE(NT) dtd 1.3.2002 - appellant availed deemed credit at a lesser rate and instead of the demand of the Cenvat Credit, whether the appellant is eligible for the refund of the credit which they failed to avail? - Held that: - the provisions given in Para 4 of the N/N. 6/2002-CE(NT) dt 1.3.2002 are very clear when it states that this Notification is not applicable to a manufacturer (other than composite mill), who avails any credit under Rule 3 of the CCR 2002. The option of payment of 25% penalty as per the provisions of Sec. 11AC (C) of Central Excise Act, 1944, if duty, interest and 25% penalty is paid within 30 days of communication of this order, is given to the assessee appellant by this Order - appeal allowed - decided partly in favor of appellant.
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