Nil CVD on imported fabrics upheld where CENVAT credit condition was impossible for importer to satisfy

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....Imported polyester woven fabrics were treated as eligible for nil countervailing duty under an excise exemption notification, because an importer cannot be denied the benefit for non-fulfilment of a condition that is inherently incapable of being satisfied for imported goods, such as non-availment of CENVAT credit. Applying its earlier decision on identical facts, the Tribunal found no infirmity in the appellate order granting the exemption and sustained that order. The Revenue's challenge therefore failed.....