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    <title>2009 (12) TMI 820 - CESTAT NEW DELHI</title>
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    <description>On opting for a value-based exemption, Rule 9(2) was read as requiring the manufacturer to pay an amount equivalent to the Cenvat credit attributable to inputs in stock, work in progress and finished goods on the date of exemption, even where the credit balance was insufficient. The liability was treated as independent of whether the credit had been correctly taken, correctly utilised, or remained available in the account. A contrary Tribunal view and another divergent decision were noted, creating a conflict on the legal questions. The order did not finally decide the merits and directed placement before the President for consideration of reference to a Division Bench.</description>
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      <link>https://www.taxtmi.com/caselaws?id=154894</link>
      <description>On opting for a value-based exemption, Rule 9(2) was read as requiring the manufacturer to pay an amount equivalent to the Cenvat credit attributable to inputs in stock, work in progress and finished goods on the date of exemption, even where the credit balance was insufficient. The liability was treated as independent of whether the credit had been correctly taken, correctly utilised, or remained available in the account. A contrary Tribunal view and another divergent decision were noted, creating a conflict on the legal questions. The order did not finally decide the merits and directed placement before the President for consideration of reference to a Division Bench.</description>
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