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2012 (6) TMI 193 - MADRAS HIGH COURTWrit petition – Cenvat credit - Deputy Commissioner of Central Excise ordered recovery of credit claimed by the petitioner suo motu in their Cenvat Credit account under Rule 12 of the Cenvat Credit Rules 2001 - imposed as fine under Rule 13 of the Cenvat Credit Rules 2001 against which an appeal was filed to the first respondent, the Commissioner of Central Excise (Appeals) along with a stay application claiming waiver of duty and penalty – Held that:- suo motu taking credit by the petitioner is not justified and beyond the scope of Cenvat scheme. issue deserves to be considered in the main appeal filed by the petitioner before the first respondent. Further, the learned counsel for the petitioner states that the company is now revived. since a substantial amount has already been debited and also taking note of the interim order and the pendency of this case for a long period of time, it will be appropriate to direct the disposal of the appeal on merits.
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