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    <title>2007 (7) TMI 156 - CESTAT KOLKATA</title>
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    <description>Modvat credit could not be made to lapse under the Compounded Levy Scheme where the assessee was excluded by the amended notification and was therefore not required to operate under Section 3A of the Central Excise Act, 1944. The lapse provision applied only to assessees actually governed by that scheme; since duty was ultimately paid under the normal procedure under Section 3, the statutory condition for lapsing of credit was not attracted. The demand was therefore unsustainable, and the order under challenge was set aside.</description>
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    <pubDate>Thu, 26 Jul 2007 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=3112</link>
      <description>Modvat credit could not be made to lapse under the Compounded Levy Scheme where the assessee was excluded by the amended notification and was therefore not required to operate under Section 3A of the Central Excise Act, 1944. The lapse provision applied only to assessees actually governed by that scheme; since duty was ultimately paid under the normal procedure under Section 3, the statutory condition for lapsing of credit was not attracted. The demand was therefore unsustainable, and the order under challenge was set aside.</description>
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      <pubDate>Thu, 26 Jul 2007 00:00:00 +0530</pubDate>
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