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2013 (10) TMI 887

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..... uct, i.e, yarn in multiple fold has been cleared without payment of duty and therefore appellant is not eligible for the exemption for captive consumption - the appellant has not been able to make out a prima facie case for waiver - the appellant is directed to deposit the entire amount of duty demanded as pre-deposit – upon such submission rest of the duty to be waived till the disposal – Partial .....

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..... f the appellant submits that Notification No. 26/95 dated 16.03.1995 exempts single yarn from payment of duty and therefore appellant was not liable to pay duty at all. In the alternative he also submits that appellant was entitled to MODVAT credit as per Notification No 7/94-CE (NT) dated 1.3.1994. 3. Learned A.R. submits that exemption Notification No. 26/95 is not at all applicable to the app .....

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..... we find that Sl. No. 6 which exemption Notification No. 26/ 1995 reads as under: Jute yarn supplied in plain straight (reel hanks) whether single or multiple fold therefore single yarn only when cleared in hank form is exempt and not otherwise. Single yarn has been cleared for captive consumption and in bobbin form. The duty need not be paid if the finished product has suffered duty. I .....

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