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2023 (11) TMI 1026 - CESTAT KOLKATAArea Based Exemption - Recovery of excess refund sanctioned to the assessee in the initial month where the Cenvat credit was not fully utilized - Utilization of CENVAT Credit in the subsequent period - HELD THAT:- During the hearing, it is informed by the Ld.D.R. that this bench has decided similar issue in the case of M/S OZONE PHARMACEUTICALS AND M/S OZONE AYURVEDICS LIMITED VERSUS COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, GUWAHATI [2023 (9) TMI 1371 - CESTAT KOLKATA], wherein the appeal filed by the Appellant was allowed - It was held in the said case that the refund claim of the appellants for the subsequent period, could not be rejected on the ground that the appellant has taken excess refund for the period prior to 22.12.2002, therefore, no demand is sustainable against the appellant as demanded in view of the letter dated 03.06.2003 by the Deputy Commissioner and the refund for the period August, 2006 to October, 2006 were not required to be appropriated. The demand confirmed in the impugned order is not sustainable and is set aside - appeal allowed.
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