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2014 (8) TMI 505 - AT - Service TaxWaiver of pre deposit - Denial of CENVAT Credit - outward transportation of goods - Held that:- Surprisingly no proceedings were initiated against the appellants on suo motu re-credit by the appellant. That may be probably on the ground that the appellant had originally availed the credit but subsequently debited the same in view of the declaration of law by the Tribunal in the case of Gujarat Ambuja Cement v. CCE [2007 (3) TMI 1 - CESTAT,NEW DELHI]. Again became entitled to avail the same in view of the declaration of law by the Larger Bench decision of the Tribunal in the case of ABB Ltd. [2009 (5) TMI 48 - CESTAT, BANGALORE] As such, throughout the period when the credit remains suspended on account of having made a debit entry, they were entitled to utilize the credit. The Larger Bench of this Tribunal makes the law clear. As such, during the period, for which the credit remained suspended in fact, the appellant was entitled to utilize the same. If that be so, the question of payment of interest does not arise at all. At this prima facie stage, no reason to direct the applicant/appellant to deposit any amount - Decided in favour of assessee.
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