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2011 (9) TMI 263 - CESTAT, NEW DELHINotification No. 50/2003-CE dated 10.6.2003 - Disallownce of Cenvat Credit - appellant was under the bonafide belief that Cenvat credit was available to it. But due to unusability of the above machines, at the time of removal thereof the appellant reversed the Cenvat credit entries relating to excise duty paid in respect of said machines in its record - Revenue contended that appellant is not entitled to Cenvat credit and duty is also payable - Revenue could not come out with evidence to show that Cenvat credit recorded in the accounts was utilized at any time before that was reversed - Disallowance is usually made if it was earlier allowed under law - waiving requirement of pre-deposit - appeal is allowed
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