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2015 (11) TMI 323 - SUPREME COURT

2015 (11) TMI 323 - SUPREME COURT - 2015 (325) E.L.T. 234 (SC) - Benefit of exemption Notification No. 5/99-CE dated 28.02.1999 - credit under Rule 57A or Rule 57B or Rule 57Q of the Central Excise Rules, 1944 - Held that:- The product of the respondent is covered by the description of goods at Serial No. 133 of the Table annexed with the General Exemption Notification. The assessee, however, had utilized the MODVAT credit in the previous two years prior to 28.02.1999. As per the assessee, after .....

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iew has been taken by the High Court of Allahabad in 'Hello Mineral Water (P) Ltd. v. Union of India' [2004 (7) TMI 98 - HIGH COURT OF JUDICATURE AT ALLAHABAD]. - as far as the aforesaid two judgments are concerned, they were accepted by the Department and no appeal was filed thereagainst - No reason to interfere with this order - Decided against Revenue. - Civil Appeal No. 3978/2007 - Dated:- 8-10-2015 - Mr. A.K. Sikri And Mr. Rohinton Fali Nariman, JJ For the Petitioner : Mr. Yashank Adhyaru, .....

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1944, in the process of dyeing, printing, bleaching or mercerising in the manufacture of dyed, printed, bleached or mercerised yarn. As mentioned above, this Notification was issued on 28.02.1999. The product of the respondent is covered by the description of goods at Serial No. 133 of the Table annexed with the General Exemption Notification. The assessee, however, had utilized the MODVAT credit in the previous two years prior to 28.02.1999. As per the assessee, after the issuance of this noti .....

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