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2016 (8) TMI 984 - CESTAT NEW DELHI

2016 (8) TMI 984 - CESTAT NEW DELHI - 2016 (338) E.L.T. 319 (Tri. - Del.) - SSI exemption Notification No. 8/2003-CE dated 01.03.2003 - eligibility for benefit - appellant failed to reverse the amount as required under Rule 11(2) - Held that:- the condition precedent of the Notification No. 8/2003-CE dated 01.03.2003 read with transitional provision under the Cenvat Credit Rules, 2004 for opting for the notification at the beginning of the financial year, is that the cenvat credit attributable t .....

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cation and consequent demands will need to be set aside. - Decided in favour of assessee - Excise Appeal No. 2580 of 2007 - Ex (DB) - Final Order No. 51931 / 2016 - Dated:- 2-6-2016 - MS. ARCHANA WADHWA, MEMBER (JUDICIAL) AND MR. V. PADMANABHAN, MEMBER (TECHNICAL) For the Petitioner : None For the Respondent : Ms. Neha Garg, Advocate ORDER PER: V. PADMANABHAN: This appeal is directed against the order dated 15.05.2007 passed by the Commissioner (Appeals), who upheld the original order dated 29.0 .....

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without payment of Central Excise duty subject to the condition that he shall not avail the duty paid on inputs as cenvat credit or utilise the credit of duty on capital goods. After availing duty free clearance upto an aggregate value of ₹ 100 lakhs, the manufacturer is free to make use of the credit of the duty paid on inputs as well as capital goods to discharge their duty liability. After completion of the financial year, he is free to again avail the exemption for the clearance of his .....

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red to pay an amount equivalent to the CENVAT credit, if any, allowed to him in respect of inputs lying in stock or in process or contained in final products lying in stock on the date when such option is exercised and after deducting the said amount from the balance, if any, lying in his credit, the balance, if any, still remaining shall lapse and shall not be allowed to be utilised for payment of duty on any excisable goods, whether cleared for home consumption or for export. 3. The dispute in .....

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