Board's Circular on Drawback Claims Misinterpreted: Market Goods Are Duty Paid, Cenvat Credit Not Availably Utilized.

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....Drawback claim - circular of the Board, based on the preposition that the goods purchased from the market are deemed to be duty paid and hence non-Cenvat credit availed, as when Cenvat credit is used by a manufacturer for payment of duty on goods cleared for home market, the same has been given back to the Government, is, in our view, totally wrong and contrary to the provisions of the law - AT....