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2017 (5) TMI 276 - AT - Central ExciseArea based exemption - N/N. 49/2003-CE & 50/2003-CE dated 10.06.2003 - Department opined that the assessee-Appellants were liable to reverse the Cenvat Credit on inputs and capital goods lying in stock - Held that: - Cenvat Credit which was validly availed at the time of receipt of the inputs for the manufacture of the final products, on which excise duty was payable, but subsequently utilized for the manufacture of the same final product which became exempted from payment of excise duty pursuant to a subsequent notification, was not liable to be reversed under Rule 6(1) of the CCR, 2002 - when the SCN was dropped vide order dated 17.10.2005 and the CESTAT upheld the same vide order dated 08.03.2017. When it is so, then the subsequent proceedings by issuing fresh notice on 01.02.2007 are not in good taste especially when the refund of ₹ 82,698/- + ₹ 1291/- (interest) was denied which is allowable even on merits - appeal allowed - decided in favor of appellant-assessee.
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