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    <title>2024 (10) TMI 897 - CESTAT AHMEDABAD</title>
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    <description>Notification No. 01/2011-CE barred availment of CENVAT credit on inputs or input services used for goods cleared under the exemption, but it did not prohibit use of correctly availed credit for payment of duty on those clearances. The assessee had not taken credit for inputs or input services linked to the concessional clearances; the objection was only to utilisation of otherwise admissible credit. That credit was later reversed with interest, and the reversal was treated as restoring the position as if no credit had been taken. The demand, interest and penalty were therefore unsustainable and were set aside.</description>
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    <pubDate>Fri, 18 Oct 2024 00:00:00 +0530</pubDate>
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      <title>2024 (10) TMI 897 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=760298</link>
      <description>Notification No. 01/2011-CE barred availment of CENVAT credit on inputs or input services used for goods cleared under the exemption, but it did not prohibit use of correctly availed credit for payment of duty on those clearances. The assessee had not taken credit for inputs or input services linked to the concessional clearances; the objection was only to utilisation of otherwise admissible credit. That credit was later reversed with interest, and the reversal was treated as restoring the position as if no credit had been taken. The demand, interest and penalty were therefore unsustainable and were set aside.</description>
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