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TMI Blog2017 (5) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... not utilized by the appellant. In this situation, when the credit though availed and reversed before utilization thereof, it will amount to non-availment of credit. Accordingly, the condition of N/N. 8/2003-CE stand complied with - the appellant is entitled for the SSI exemption N/N. 8/2003-CE dated 1.3.2003 - appeal allowed - decided in favor of appellant. - E/336/10 - A/86599/17/SMB - Dated:- 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d penalty for the same amount and penalty of ₹ 10,000/- was also imposed under Rule 25 and ordered for recovery of interest under Section 11AB. Being aggrieved by the Order-in-Original, the appellant filed an appeal before the Commissioner (Appeals), who though held that the appellant is not entitled for SSI exemption and liable for payment of duty, however, to the extent of benefit of Modva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not utilized. He submits that since the credit though availed and the same was reversed without utilization, it will amount to non-availment of credit. Hence, the condition of Notification No.8/2003 stood complied with. Accordingly the exemption cannot be denied and consequential demand is not sustainable. 3. Shri V.K. Shastri, learned Asstt. Commissioner (AR) appearing on behalf of the Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t will amount to non-availment of credit. Accordingly, the condition of Notification No.8/2003-CE stand complied with. A similar issue has been decided by the Hon'ble Supreme Court in the case of Chandrapur Magnet Wires (P) Ltd. Vs. CCE, Nagpur - 1996 (81) ELT 3 (SC), wherein it was held that if the Modvat credit availed has been reversed, it will amount to non-availment of credit and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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