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    <title>2000 (4) TMI 90 - CEGAT, COURT NO. II, NEW DELHI</title>
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    <description>Payment under Rule 57CC for credit attributable to exempted final products was treated as equivalent to reversal of Modvat credit on common inputs, so the manufacturer was regarded as having not availed credit in relation to the exempt goods. On that basis, the condition in Notification No. 16/97 requiring non-availment of Modvat credit was satisfied, and exemption could not be denied merely because common inputs were used for both dutiable and exempted goods. The demand based on alleged breach of the credit condition therefore failed, and the assessee remained entitled to the exemption.</description>
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    <pubDate>Wed, 26 Apr 2000 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=49987</link>
      <description>Payment under Rule 57CC for credit attributable to exempted final products was treated as equivalent to reversal of Modvat credit on common inputs, so the manufacturer was regarded as having not availed credit in relation to the exempt goods. On that basis, the condition in Notification No. 16/97 requiring non-availment of Modvat credit was satisfied, and exemption could not be denied merely because common inputs were used for both dutiable and exempted goods. The demand based on alleged breach of the credit condition therefore failed, and the assessee remained entitled to the exemption.</description>
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