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2016 (12) TMI 322 - AT - Central ExciseBenefit under two notifications - N/N. 29/04-CE dated 09.07.2004 - N/N. 30/2004 - whether the assessee is eligible for exemption under Notification 30/04-CE in its specific reference to the condition of non-availment of input credit stipulated in the Notification? - Held that: - the Original Authority had recorded that though the clarification issued by the Boards Circular is clear the appellant reversed the credit after utilization and that too under protest. He held that such reversal is in violation of Boards Circular and findings of the Hon’ble Supreme Court in Bombay Dyeing Ltd.[2007 (8) TMI 2 - Supreme Court]. The Original authority declined to consider the fact that reversal of credit in the present case will satisfy the condition of the Notification. Appeal allowed - decided in favor of assessee.
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