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2016 (6) TMI 1260

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..... nd result in a situation as if no credit was ever availed by the assessee - reliance placed in the case of COMMISSIONER OF CENTRAL EXCISE Versus ASHIMA DYECOT LTD. [2008 (9) TMI 87 - HIGH COURT GUJARAT] - appeal dismissed - decided against Revenue. - E/885/2009 - Final Order No. A/52385/2016 - Dated:- 30-6-2016 - Ms. Archana Wadhwa, Member (J) and Shri V. Padmanabhan, Member (T) Shri G.R. .....

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..... Cenvat Credit Rules, initiated proceedings against them for recovery of amount of ₹ 26,29,898/-. The same was confirmed by the original adjudicating authority. 4. However, on appeal Commissioner (Appeals) took note of the fact that the assessee has already reversed the Cenvat credit attributable to inputs and input service used in the manufacture of exempted final product and as such, ap .....

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..... in the case of Hello Minerals Water (P) Ltd. [2004 (174) E.L.T. 422 (All.)]. We have also taken note of the list of decisions supplied to us by the learned advocate for the respondents, laying down that such reversal, even if subsequent to clearance of final product, is appropriate and result in a situation as if no credit was ever availed by the assessee. One such reference can be made to Gujara .....

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