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2017 (5) TMI 749 - CESTAT MUMBAIValue based exemption - reversal of CENVAT credit - Rule 57AG(2), Rule 9(2) and Rule 11(2) - Held that: - in relation to the payment provided under these rules, there was no machinery provision for recovery of the said amount even subsequently also unlike rule 57CC no retrospective provision was brought in the statute - ld. Commissioner has made a clear distinction that wherein the government intend to even bring a machinery provision from retrospective effect it was done so in case of Section 11D and Rule 57CC. However, in the case of Rule 57AG(2), Rule 9(2) and Rule 11(2), no similar machinery provision was brought. Therefore, the finding of the Commissioner (Appeals) is absolutely correct - credit remains allowed - appeal dismissed - decided against revenue.
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