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2017 (9) TMI 1050 - AT - Central ExciseCENVAT credit - duty paid by the 100% EOU M/s Reliance Industries Ltd admittedly without availing the benefit of N/N. 23/2003CE- dt 31.03.2003 - case of Revenue is that irrespective of the fact that whether the appellant availed the benefit of N/N. 23/2003)-CE dt 31.3.2003, the credit be restricted to the extent calculated, in accordance with the formula prescribed u/s 3(7) of CCR, 2004 - Held that: - the notification states that when the 100% EOU unit has paid excise duty under Section 3 of the Excise Act,1944 read with Sr. No 2 of the N/N. 23/2003-CE dt 31.3.2003 the admissible quantum of Cenvat Credit be calculated in accordance with the formula prescribed under the said Rule - In the present case, the show cause notice itself admits that the supplier unit has not availed the benefit of concessional rate of duty mentioned at Sr. 2 of N/N. 23/2003-CE dt.31.03.2003 - credit allowed - appeal allowed - decided in favor of appellant.
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