Importers Cannot Claim CVD Exemption Without Meeting Both Input Duty Payment and No CENVAT Credit Conditions.

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....Exemption from countervailing duty (CVD) - where the exemption Notification stipulates two conditions, namely that the inputs should have suffered duty and that no CENVAT credit should have been availed, then the benefit of the Notification will be available only if both conditions are satisfied. An importer will never be able to satisfy both these conditions and hence, he cannot claim the benefit. - AT....