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2017 (1) TMI 1278 - AT - Central ExciseBenefit of exemption N/N. 14/2002-CE - denial on the ground of decision passed in the case of Dhiren Chemical Industries [2001 (12) TMI 3 - SUPREME COURT OF INDIA], where it was held that Notification exempting finished goods if made from materials “on which the appropriate amount of duty of excise has already been paid” - Held that: - the issue is no more res-integra, similar issue decided in the case of M/s Arora Knit Fabrics Pvt. Ltd. [2016 (8) TMI 117 - CESTAT CHANDIGARH], where it was held that benefit of N/N. 14/2002-C.E., should be available if no credit is taken by the manufacture. For such interpretation Explanation-II to N/N. 14/2002-C.E., creating fiction of ‘Deemed duty paid’, becomes relevant and has to be harmoniously read with the conditions prescribed under N/N. 14/2002-C.E. It is also a well accepted judicial discipline that if two interpretations of a statute are possible then the one more favourable to the tax payer should be taken - the assessee is entitled for benefit of exemption under N/N. 14-15/2002-CE dated 01.03.2002 - appeal allowed - decided in favor of assessee.
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