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    <title>2000 (8) TMI 109 - CEGAT, COURT NO. III, NEW DELHI</title>
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    <description>Modvat credit and small scale exemption were treated as capable of simultaneous availment in respect of different specified goods, because the earlier Tribunal view on that point had been affirmed through dismissal of the Revenue&#039;s appeal and was treated as confirmed by merger. For the same specified goods, simultaneous exemption and credit was also accepted where the credit relatable to inputs used in the exempted goods was reversed before clearance. The stated principle is that exemption should not be denied once the credit attributable to duty-free goods has been reversed, and the note concludes that the assessee&#039;s position was accepted on both issues, subject to reversal of the relevant credit.</description>
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      <link>https://www.taxtmi.com/caselaws?id=48843</link>
      <description>Modvat credit and small scale exemption were treated as capable of simultaneous availment in respect of different specified goods, because the earlier Tribunal view on that point had been affirmed through dismissal of the Revenue&#039;s appeal and was treated as confirmed by merger. For the same specified goods, simultaneous exemption and credit was also accepted where the credit relatable to inputs used in the exempted goods was reversed before clearance. The stated principle is that exemption should not be denied once the credit attributable to duty-free goods has been reversed, and the note concludes that the assessee&#039;s position was accepted on both issues, subject to reversal of the relevant credit.</description>
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