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2010 (10) TMI 1030 - AT - Central ExciseBenefit of N/N. 30/2004 - denial on the ground that the appellants were availing simultaneous benefit of two N/N. 29/2004 and N/N. 30/2004-CE - appellant took a stand that the credit availed in respect of inputs used in the manufacture of final product cleared under N/N. 30/2004 stands reversed by them and as such the same amounts to the fact as if no credit has been availed - Held that: - reliance was placed in the case of COMMISSIONER OF CENTRAL EXCISE Versus ASHIMA DYECOT LTD. [2008 (9) TMI 87 - HIGH COURT GUJARAT], where it was held that reversal of credit amounts to non-taking of credit on the inputs - reversal of credit even at the appeal stage has been held in accordance with law. As regards quantum of reversal, the matter is remanded to Commissioner for fresh decision - appeal allowed by way of remand.
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