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2014 (5) TMI 1014 - AT - Central ExciseCENVAT Credit - Dispute relates in respect of Cenvat credit availed on imported aluminum scrap under the Bills of Entries inasmuch as duty was paid not in cash but was deposited in the DEPB - Held that:- Cenvat credit of duty in respect of imported inputs on which duty has been debited through DEPB cannot be denied in as far so w.e.f. 28.1.04. Para 4.3.5 of the Foreign Trade Policy has been amended where under duty debited through DEPB has been made admissible for Cenvat credit or for drawback claim w.e.f. 28.1.04. In the present case the Cenvat Credit denied to the Appellants pertain to the period April 2004 onwards i.e. after the amendment of Para 4.3.5 of the Foreign Trade Policy - no justifiable reasons to interfere in the same in the absence of any evidences supporting the revenue allegations, Commissioner (Appeals) has rightly set aside the confirmation of demands against the assessee - Decided against Revenue.
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