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    <title>2005 (9) TMI 364 - CESTAT, MUMBAI</title>
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    <description>Availment of Modvat credit on inputs does not, by itself, make those inputs non-duty-paid for the purpose of an exemption notification covering goods made from duty-paid materials. On that construction, plastic waste and scrap arising during manufacture could not be denied the benefit of Notification No. 14/92-C.E. merely because credit had been taken on the inputs. The duty demand and penalty based on the premise that the waste had to be cleared on payment of duty were therefore not sustainable, and the assessee&#039;s position was accepted.</description>
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      <description>Availment of Modvat credit on inputs does not, by itself, make those inputs non-duty-paid for the purpose of an exemption notification covering goods made from duty-paid materials. On that construction, plastic waste and scrap arising during manufacture could not be denied the benefit of Notification No. 14/92-C.E. merely because credit had been taken on the inputs. The duty demand and penalty based on the premise that the waste had to be cleared on payment of duty were therefore not sustainable, and the assessee&#039;s position was accepted.</description>
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