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2015 (11) TMI 898 - AT - Central ExciseReversal of cenvat credit - duty debit was made in DEPB in respect of CVD paid by the appellant - adjustment of CVD paid in DEPB scrips under EXIM Policy 2002-07 - held that:- period involved in the present appeal is July 2004 to September 2004 and during the relevant period of EXIM Policy 2002-2007 relevant para 4.35 of the policy was amended vide Notification No.28[RE-2004)/2002-2007 dt. 28.1.2004 where the restriction of DEPB as mentioned in last sentence of the paragraph has been deleted. Identical issue has already been settled by Hon'ble High Court of Punjab & Haryana in the case of CCE Ludhiana Vs Neel Kanth Rubber Mills - [2010 (4) TMI 281 - PUNJAB & HARYANA HIGH COURT] and the Hon'ble High Court of Madras in the case of CCE Vs SPIC Ltd. - [2013 (9) TMI 93 - MADRAS HIGH COURT. wherein the Hon'ble High Courts dismissed the Revenue's appeals. - during the relevant period of dispute para 4.3.5 of EXIM Policy was already amended w.e.f. 28.1.2004 and there was no restriction in availing cenvat credit on CVD paid by debit of DEPB. - appellants are eligible to avail credit on the CVD made in DEPB. Impugned order is set aside. - Decided in favour of assessee.
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