https://www.taxtmi.com/caselaws?id=123838 Exemption under a conditional notification cannot be denied on mere presumptions where the factual record shows compliance with the prescribed requirement of maintaining separate accounts or records. The adjudicating authority had found, on the evidence, that separate production records for exempted goods were maintained and that the Board's circular requirement was satisfied. The appellate reversal, based on assumptions about non-maintenance of books and possible credit use for exempt clearances, did not displace that factual finding. The denial of exemption was therefore unsustainable, and the assessee remained entitled to the benefit of Notification No. 30/2004-C.E., with restoration of the dropped demand and consequential relief. en-us Tue, 29 Jul 2008 00:00:00 +0530 Fri, 21 Sep 2012 10:47:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=123838 Exemption under a conditional notification cannot be denied on mere presumptions where the factual record shows compliance with the prescribed requirement of maintaining separate accounts or records. The adjudicating authority had found, on the evidence, that separate production records for exempted goods were maintained and that the Board's circular requirement was satisfied. The appellate reversal, based on assumptions about non-maintenance of books and possible credit use for exempt clearances, did not displace that factual finding. The denial of exemption was therefore unsustainable, and the assessee remained entitled to the benefit of Notification No. 30/2004-C.E., with restoration of the dropped demand and consequential relief. Case-Laws Central Excise Tue, 29 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=123838