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2016 (7) TMI 81 - AT - Central ExciseEligibility to the benefit of Notification No. 8/2003-CE dated 01.3.2003 - Held that:- The condition (iii) of Para 2 of the said Notification is very specific and the reason/cause behind its non-fulfilment, in our opinion, is irrelevant. Accordingly, we do not see any reason to interfere with the findings of the learned Commissioner (Appeals) confirming the duty and setting aside the penalty imposed as the appellant have simultaneously availed the exemption under Notification No. 08/2003-CE as well as CENVAT credit scheme which is not permissible as rightly held by the lower authority. The plea of appellant that they have not availed credit of duty paid on inputs up to 29.10.2006 used in the manufacture of any specified/ non-specified goods is not acceptable as the appellant himself committed that they have utilised the credit during transitional period. Further, the appellant has not put on record that they have maintained a separate stock which remains unutilised up to the aggregate value of first clearance of Rs. One crore during the financial year 2006-07 as argued. - Decided against assessee
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