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2017 (3) TMI 776 - CESTAT NEW DELHIReversal of CENVAT credit - Rule 6(4) of the CCR, 2002 - exemption under N/N. 49/2003 dated10.06.2003 vide which the goods were exempted from whole of the duty of excise or additional duty of excise which were manufactured in the new units located in the Uttarakhand for the period of 10 years was denied - Held that: - an identical issue has come up before this Tribunal in the case of The General Manager, Century Pulp & Paper vs CCE, Meerut-II, Final Order No. 50862-50864/2017 dated 15.02.2017, wherein it was held that the appellant assessee will be entitled to the Cenvat credit availed and credited to their Cenvat credit account prior to 03.02.2007, the day when the assessee opted for benefit of the N/N. 50/2003 dated 10.06.2003 - credit allowed - appeal allowed. Reversal of Refund claim granted - The Commissioner (Appeals) has granted the refund pertaining to the reversal of the Cenvat Credit as per Rule 6(4) of the CCR, 2002 - Held that: - the assessee-Appellants are entitled for the reversal of the Cenvat Credit, we find no merit in the appeals filed by the Department. Hence, both the appeals filed by the Department are dismissed. Appeal disposed off - appeal of assessee allowed - appeal of Department dismissed.
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