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2018 (7) TMI 760 - AT - Central ExciseRecovery of CENVAT Credit - Cotton Yarn - it was alleged that since cotton yarn attracted nil rate of duty, the appellants are not eligible to avail credit - various notifications issued for levy and deletion of duty on Cotton Yarn during the relevant period - Held that:- Though there were parallel notifications wherein one of the notification prescribed duty at the rate of 4% on cotton yarn, there was another N/N. 58/2008 dated 7.12.2008 which prescribed nil rate of duty. Thus, on the same date there were two notifications one of which prescribed nil rate of duty and the other prescribed 4% duty. The appellant can opt for a notification which is beneficial to him and the appellant herein has chosen to pay duty at the rate of 4% and claim rebate - denial of credit not justified - appeal allowed - decided in favor of appellant.
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