2009 (7) TMI 1309

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....Appellant Shri V.V. Hariharan, Jt. CDR for the Respondent JUDGEMENT Per Jyoti Balasundaram The brief facts of the case are that during the period in dispute the appellants had cleared boilers without payment of duty to BARC, Vishakapatnam and Bombay. Initially they had also availed CENVAT credit on some input services which were used in or in relation to the manufacture of the above pr....

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....eversal of credit subsequent to the clearance of goods is as good as not taking any credit. The Tribunal had set aside the demand for 10% of the exempted goods on the ground that the assessees had reversed the credit. In the light of the above decisions, we hold that demand for 10% of the net sale price of the exempted goods is not sustainable subject to verification of the claim of the appellants....