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    <title>2015 (10) TMI 1139 - CESTAT AHMEDABAD</title>
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    <description>Exemption under Notification No. 30/2004-CE could not be denied merely because CENVAT credit was reversed after the goods were cleared, where the credit was in fact reversed before the show cause notice. The Tribunal followed its consistent view that such reversal cures the objection to exemption and removes the basis for denying the notification benefit. On the facts, there was also no suppression with intent to evade duty, so the extended period was not available. The demand of duty, interest and penalty was therefore unsustainable and was set aside in favour of the assessee.</description>
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    <pubDate>Wed, 29 Apr 2015 00:00:00 +0530</pubDate>
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      <title>2015 (10) TMI 1139 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=265864</link>
      <description>Exemption under Notification No. 30/2004-CE could not be denied merely because CENVAT credit was reversed after the goods were cleared, where the credit was in fact reversed before the show cause notice. The Tribunal followed its consistent view that such reversal cures the objection to exemption and removes the basis for denying the notification benefit. On the facts, there was also no suppression with intent to evade duty, so the extended period was not available. The demand of duty, interest and penalty was therefore unsustainable and was set aside in favour of the assessee.</description>
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      <pubDate>Wed, 29 Apr 2015 00:00:00 +0530</pubDate>
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