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2009 (6) TMI 850 - CESTAT, AHMEDABADCenvat/Modvat - Deemed credit - Held that: - The fact is that the assessee was entitled to the deemed credit in any manner either by way of refund or by way of credit. Otherwise also the credit having been earned lawfully and there being no Notification laying down reversal or lapsing of the credit, the assessee get vested right to utilize the same subsequently. During the intervening period from 16-12-98 to 1-4-2000, the said credit could not be utilized on account of introduction compounded levy scheme. When the reversal of the earlier position regarding deemed credit, the credit so earned by the appellant, would become available for utilization - appeal dismissed - decided against Revenue.
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