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    <title>2017 (12) TMI 1021 - CESTAT MUMBAI</title>
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    <description>CENVAT credit was treated as admissible on imports cleared against Duty Free Credit Entitlement certificates where duty was discharged through an alternative payment mechanism, because the liability to duty itself was not disputed and the notifications were viewed as procedural modes of payment after assessment. Denial of credit was rejected under the CENVAT Credit Rules, 2004 merely because the duty had been paid through that mechanism. The 2005 amendment was regarded as clarificatory, and the circular was read as supporting retrospective application. As the recipient was an exporter, refusal of credit was considered inconsistent with export promotion and would only create avoidable collection and refund steps.</description>
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      <link>https://www.taxtmi.com/caselaws?id=352752</link>
      <description>CENVAT credit was treated as admissible on imports cleared against Duty Free Credit Entitlement certificates where duty was discharged through an alternative payment mechanism, because the liability to duty itself was not disputed and the notifications were viewed as procedural modes of payment after assessment. Denial of credit was rejected under the CENVAT Credit Rules, 2004 merely because the duty had been paid through that mechanism. The 2005 amendment was regarded as clarificatory, and the circular was read as supporting retrospective application. As the recipient was an exporter, refusal of credit was considered inconsistent with export promotion and would only create avoidable collection and refund steps.</description>
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