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    <title>2008 (6) TMI 481 - CESTAT, NEW DELHI</title>
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    <description>Exemption under Notification No. 12/02-C.E. was not to be denied merely because some duty was debited from the Cenvat account instead of PLA, where records were properly maintained, inputs for cenvatable and non-cenvatable materials were separately accounted for, and stock reconciliation supported the assessee&#039;s case. The duty payment error was found to be bona fide, with sufficient balances available in both accounts, so the notification&#039;s substantive requirements were treated as substantially complied with. On that basis, denial of exemption was unjustified and the demand, penalty, and interest could not stand, with consequential relief granted to the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=124246</link>
      <description>Exemption under Notification No. 12/02-C.E. was not to be denied merely because some duty was debited from the Cenvat account instead of PLA, where records were properly maintained, inputs for cenvatable and non-cenvatable materials were separately accounted for, and stock reconciliation supported the assessee&#039;s case. The duty payment error was found to be bona fide, with sufficient balances available in both accounts, so the notification&#039;s substantive requirements were treated as substantially complied with. On that basis, denial of exemption was unjustified and the demand, penalty, and interest could not stand, with consequential relief granted to the assessee.</description>
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