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    <title>2016 (12) TMI 10 - CESTAT MUMBAI</title>
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    <description>Exemption under Notification No. 203/92-Cus could not be denied merely because MODVAT credit had been taken earlier, where the credit was later reversed and interest was paid, with proof of compliance produced. The appellate authority also could not reject the benefit on a new ground that the certificate was issued by the Superintendent rather than the Assistant Commissioner when that objection was absent from the show cause notice and adjudication order. Once the credit reversal and interest payment satisfied the condition, the exemption remained available. The demand, interest, and penalty were therefore unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=335365</link>
      <description>Exemption under Notification No. 203/92-Cus could not be denied merely because MODVAT credit had been taken earlier, where the credit was later reversed and interest was paid, with proof of compliance produced. The appellate authority also could not reject the benefit on a new ground that the certificate was issued by the Superintendent rather than the Assistant Commissioner when that objection was absent from the show cause notice and adjudication order. Once the credit reversal and interest payment satisfied the condition, the exemption remained available. The demand, interest, and penalty were therefore unsustainable.</description>
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