https://www.taxtmi.com/caselaws?id=101900 Departmental circulars governed the dispute over whether wrongly taken credit on inputs used in exempted goods was recoverable under the rule corresponding to the erstwhile recovery provision. The later circular supported the assessee's contention that the credit was incorrectly taken and recoverable under that mechanism, while an earlier circular stated that the 8% amount was not duty. As officers are bound by circulars, the later clarification made out a prima facie case for relief. Waiver of pre-deposit was therefore justified and recovery of the duty demand and penalties was stayed pending further proceedings. en-us Thu, 31 Jan 2002 00:00:00 +0530 Mon, 13 Feb 2012 10:52:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101900 Departmental circulars governed the dispute over whether wrongly taken credit on inputs used in exempted goods was recoverable under the rule corresponding to the erstwhile recovery provision. The later circular supported the assessee's contention that the credit was incorrectly taken and recoverable under that mechanism, while an earlier circular stated that the 8% amount was not duty. As officers are bound by circulars, the later clarification made out a prima facie case for relief. Waiver of pre-deposit was therefore justified and recovery of the duty demand and penalties was stayed pending further proceedings. Case-Laws Central Excise Thu, 31 Jan 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101900