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2016 (6) TMI 1134 - HC - Central ExciseEntitlement for adjustment of money credit earlier accrued towards duty payable for a subsequent period - manufacturer of vanaspati oil - The Authorities have refused to accept the utilisation of benefits under the second scheme on the plea that the scheme have subsequently been changed - reference made to the decision of the Hon’ble Court in Rasoi Ltd. Vs. Union of India [2004 (6) TMI 46 - HIGH COURT AT CALCUTTA] - whether the petitioners be allowed to utilise the benefits accumulated under earlier scheme towards payment under the subsequent scheme? - Held that: - The petitioner is similarly situated and circumstanced as that of the petitioner in Rasoi Limited and the decision in this case will apply. A Vanaspati manufacturer is entitled to adjust money credit earlier accrued towards duty payable for a subsequent period - the impugned order dated September 13, 2005 which had proceeded to negate the claim of the petitioner as vanaspati manufacturer to utilise the accumulated benefits under the first scheme to pay duty is set aside - utilisation allowed - decided in favor of petitioner.
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