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2015 (10) TMI 1790 - CESTAT NEW DELHIBenefit of Notification No. 30/2004-C.E., dated 1-3-2004 - Non-availment of Cenvat credit - held that:- at the time of clearance of the said exempted final products, the appellant have paid 6% of the amount of the value of the said exempted products in terms of the provisions of Rule 6(3)(i). In terms of the provisions of Rule 6(3D), the reversal of an amount in terms of the Rule 6(3) shall be deemed to be non-availment of Cenvat credit for the purpose of exemption notification, wherein any exemption is granted on the condition that no Cenvat credit of inputs and input services shall be taken. Inasmuch as the appellant have reversed 6% of the amount in terms of the provisions of Rule 6(3), it has to be held as if no Cenvat credit was ever taken by the appellant in terms of the provisions of Rule 6(3D). In such a scenario, it can be safely concluded that the appellant have fulfilled the conditions of notification in question. - appellant has admittedly reversed the amount in terms of Rule 6(3), it has to be deemed that no credit was taken in which case the condition of notification is held to have been fulfilled - Stay granted.
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