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    <title>2023 (5) TMI 384 - CESTAT AHMEDABAD</title>
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    <description>Cenvat credit was available on additional customs duty paid by debit in DEPB scrips under Notification No. 96/2004-Cus., because the notification expressly allowed such credit for imports cleared during its currency. The Foreign Trade Policy 2004-09 also recognised adjustment of additional customs duty paid in cash or through DEPB debit as Cenvat credit, so credit could not be denied by relying on an earlier policy. Where the bills of entry were assessed under the notification, the operative entitlement to credit followed, and the record did not show that the licences were of a type excluding the benefit. The denial of Cenvat credit was therefore not sustainable.</description>
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    <pubDate>Wed, 03 May 2023 00:00:00 +0530</pubDate>
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      <title>2023 (5) TMI 384 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=437577</link>
      <description>Cenvat credit was available on additional customs duty paid by debit in DEPB scrips under Notification No. 96/2004-Cus., because the notification expressly allowed such credit for imports cleared during its currency. The Foreign Trade Policy 2004-09 also recognised adjustment of additional customs duty paid in cash or through DEPB debit as Cenvat credit, so credit could not be denied by relying on an earlier policy. Where the bills of entry were assessed under the notification, the operative entitlement to credit followed, and the record did not show that the licences were of a type excluding the benefit. The denial of Cenvat credit was therefore not sustainable.</description>
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