TMI Blog2023 (4) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... y reversing the credit, the condition of non availment of cenvat credit of the Exemption Notification stand complied with. On the very identical issue, the Hon ble Supreme Court in the case of COMMISSIONER OF CENTRAL EXCISE, MUMBAI- I VERSUS M/S BOMBAY DYEING MFG. CO. LTD [ 2007 (8) TMI 2 - SUPREME COURT] held that even if the reversal is made after removal of the goods, the exemption Notifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d (Superintendent) Authorized Representative appearing on behalf of the Revenue (Appellant) submits that there is no dispute that the appellant had availed the cenvat credit in respect of input service used for providing their output service, therefore, the respondent has violated the condition of Notification No. 01/2006-ST dated 01.03.2006 accordingly, the benefit of 67% of the gross value is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . We find that the learned Commissioner has allowed the exemption on the ground that the respondent have reversed the credit which was taken by reversing the credit, the condition of non availment of cenvat credit of the Exemption Notification stand complied with. We find that the learned Commissioner for dropping of the demand relied upon the following judgements: 1996 (81) ELT 3 (SC) Chandr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d judgment, the judgment given by the Hon ble Supreme Court was not considered. Moreover, on the very identical issue, the Hon ble Supreme Court in the case of Bombay Dyeing Mfg. Co.2007 (215) ELT 3 (SC) held that even if the reversal is made after removal of the goods, the exemption Notification cannot be denied. Therefore, the issue is settled in favour of the assessee. 6. In view of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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