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    <title>2015 (11) TMI 323 - Supreme Court</title>
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    <description>Exemption under Notification No. 5/99-CE depended on the assessee not having taken MODVAT credit under Rules 57A, 57B or 57Q in the relevant manufacturing process. Although credit had earlier been utilised, it was subsequently refunded, and the position was treated as if the credit had not been taken or utilised for purposes of the exemption condition. On that basis, refunded MODVAT credit did not disqualify the assessee from claiming the exemption, and the issue was resolved in the assessee&#039;s favour.</description>
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      <title>2015 (11) TMI 323 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=267514</link>
      <description>Exemption under Notification No. 5/99-CE depended on the assessee not having taken MODVAT credit under Rules 57A, 57B or 57Q in the relevant manufacturing process. Although credit had earlier been utilised, it was subsequently refunded, and the position was treated as if the credit had not been taken or utilised for purposes of the exemption condition. On that basis, refunded MODVAT credit did not disqualify the assessee from claiming the exemption, and the issue was resolved in the assessee&#039;s favour.</description>
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      <pubDate>Thu, 08 Oct 2015 00:00:00 +0530</pubDate>
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