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2013 (9) TMI 905 - HC - Central ExciseAdjustment of CENVAT credit towards Pre-deposit – Held that:- The assessee had not complied with the order of this Court in letter and spirit, it cannot seek a modification of the order before the Tribunal. In such circumstances, the question of adjustment of CENVAT credit towards the satisfaction of the condition on pre-deposit does not arise - Considering all the submissions of the learned Senior Counsel as regards the compliance of the order, since the fact has not been taken note of by the Tribunal, the proper course would be to set aside the order of the Tribunal and restore the appeal back to the files of the Tribunal for it to consider the claim of the appellant afresh and pass an appropriate order therein to the actual compliance of the order of this Court.
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