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    <title>2018 (10) TMI 1368 - CESTAT CHENNAI</title>
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    <description>Cenvat credit reversal was examined under Rule 3(5) of the Cenvat Credit Rules, 2004, read with Notification No. 22/2003-CE, where inputs were cleared as such to 100% EOU/STP units. The Tribunal applied the later High Court interpretation of Rule 3(5) pari materia and noted that the rule covered such clearances without confining relief by reference to the procurement route assumed by the department. On that basis, it held that the assessee was not required to pay duty equal to the credit availed merely because the inputs were cleared to EOU/STP units. The demand for reversal/payment of credit was therefore unsustainable.</description>
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      <title>2018 (10) TMI 1368 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=369402</link>
      <description>Cenvat credit reversal was examined under Rule 3(5) of the Cenvat Credit Rules, 2004, read with Notification No. 22/2003-CE, where inputs were cleared as such to 100% EOU/STP units. The Tribunal applied the later High Court interpretation of Rule 3(5) pari materia and noted that the rule covered such clearances without confining relief by reference to the procurement route assumed by the department. On that basis, it held that the assessee was not required to pay duty equal to the credit availed merely because the inputs were cleared to EOU/STP units. The demand for reversal/payment of credit was therefore unsustainable.</description>
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