https://www.taxtmi.com/caselaws?id=330744 Knitted garments made from duty-paid yarn qualified for Notification No. 15/2002-CE where no CENVAT credit was taken, because Explanation II created a legal fiction deeming textile yarns or fabrics to be duty paid even without documentary proof of duty payment. The optional textile duty scheme allowed assessees either to avail credit and pay concessional duty or forgo credit and obtain exemption, and the explanatory material showed that proof of actual payment was not intended to be insisted upon. The assessees having followed the no-credit route, the exemption was available and denial of the notification benefit was unsustainable. en-us Fri, 04 Mar 2016 00:00:00 +0530 Fri, 06 Oct 2017 09:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=330744 Knitted garments made from duty-paid yarn qualified for Notification No. 15/2002-CE where no CENVAT credit was taken, because Explanation II created a legal fiction deeming textile yarns or fabrics to be duty paid even without documentary proof of duty payment. The optional textile duty scheme allowed assessees either to avail credit and pay concessional duty or forgo credit and obtain exemption, and the explanatory material showed that proof of actual payment was not intended to be insisted upon. The assessees having followed the no-credit route, the exemption was available and denial of the notification benefit was unsustainable. Case-Laws Central Excise Fri, 04 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=330744