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2017 (10) TMI 960 - AT - Central ExciseBenefit of N/N. 6/2002 dated 01/03/2002 - appellants availed credit of NCCD leviable on the inputs - Held that: - Admittedly, availing credit of NCCD will debar the appellant from claiming exemption under notification 6/2002. Having realized the said position, the appellants fully reversed the credit amount of ₹ 1,01,632/- - the Hon’ble Supreme Court in Chandrapur Magnet Wires Ltd. [1995 (12) TMI 72 - SUPREME COURT OF INDIA] held that reversal of credit even subsequently should be construed as non-availment of such credit. The full reversal of credit by the appellant should satisfy the condition of non-availment of credit making them eligible for the exemption, if otherwise eligible on other grounds - appeal allowed - decided in favor of appellant.
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