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2010 (4) TMI 341 - CESTAT, NEW DELHISSI Exemption- Notification No. 8/03-C.E.- In this case department notice that the Appellant violated the conditions of SSI exemption Notification No. 8/03-C.E., they would not be eligible for duty exemption in respect of their first Rs. One Crore, thus issue Show cause Notice for recovery of duty and imposed penalty and pass the order for confiscation of goods. Held that- excess credit debited by assesseee making credit taken by mistake equal to their credit entitlement under Rule 3(2) of Cenvat Credit Rules, 2004 when starting paying duty. Debit entry not utilization of wrongly taken credit. Credit entries during period of exemption due to bonafide mistake subsequently rectified. SSI exemption not to be denied.
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