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M/s Artex Textile Pvt. Ltd. Versus CC (I&G) , New Delhi

Exemption from payment of CVD - Notification No. 30/2004-CE dated 09/7/2004 - import - PVC coated fabrics - Polyester Knitted Fabrics - non-textured Polyester cloth - condition of non-availment of cenvat credit - Held that: - the issue is similar to .....

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not fulfilled in as much as Cenvat credit was not admissible to the importer and the question of fulfilling of the said condition does not arise. - Exemption allowed - appeal allowed - decided in favor of appellant. - Customs Appeal Nos. 51013-5 .....

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Ravichandran, Member (Technical). S/Shri B.L. Narsimhan and Prem Ranjan Kumar, Advocates for the Appellant. Shri Ranjan Khanna, Authorized Representative (DR) for the Respondent. ORDER Per. Archana Wadhwa :- All the appeals are being disposed of by .....

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fication No. 30/2004-CE dated 09/7/2004. 3. From the order-in-original passed by the Deputy Commissioner of Customs in respect of 5 bills of entries we note that he has denied the benefit of Notification No. 30/2004-CE dated 09/7/2004 by observing th .....

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as 2000 (120) E.L.T. 259 (Tribunal LB). On appeal against the said order, Commissioner (Appeals) upheld the same by observing that the notification provided a condition, which has to be strictly adhered to. He observed that in taxing statute there i .....

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ence, the present appeal. 5. After hearing both the sides, we find that the Hon ble Supreme Court of India in a recent decision in the case of SRF Ltd. vs. CC, Chennai reported as 2015 (318) E.L.T. 607 (S.C.) has considered identically worded Notific .....

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