Exemption on non-availment of credit survives Rule 6 reversal; extended limitation fails on departmental change of stand.

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....Notification No. 30/2004-CE exemption was held to remain available where the assessee had not originally taken CENVAT credit on exempt clearances, maintained separate accounts, and later reversed credit only after the Department required reversal under Rule 6(3). The prescribed reversal was treated as deemed non-availment of credit, so the later availment and reversal did not breach the exemption condition or justify duty demand on the exempted goods. The extended period of limitation was also held unavailable because the later demand rested on a change in the Department's earlier stand. The duty, interest and penalty demands were set aside.....