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    <title>2003 (1) TMI 582 - CEGAT, BANGALORE</title>
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    <description>Small-scale exemption under Notification No. 1/93 was available where Modvat credit on capital goods had been taken in an earlier year, but no fresh credit was availed during the exemption period itself. The notification condition was not applied to deny exemption merely because an outstanding credit balance remained from an earlier period, especially where the balance was minimal and offered to be foregone. On these facts, the restriction was held unjustified and the duty demand on exempt clearances was set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=108826</link>
      <description>Small-scale exemption under Notification No. 1/93 was available where Modvat credit on capital goods had been taken in an earlier year, but no fresh credit was availed during the exemption period itself. The notification condition was not applied to deny exemption merely because an outstanding credit balance remained from an earlier period, especially where the balance was minimal and offered to be foregone. On these facts, the restriction was held unjustified and the duty demand on exempt clearances was set aside.</description>
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