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2013 (12) TMI 24 - AT - Central ExciseInterest on Excess cenvat credit – Raw materials used are exempted - Whether the assessee is liable to interest in respect of excess availed credit – Held that:- The issue has attained finality and the Assistant Commissioner was bound by the direction contained in the said order of the Tribunal in spite of the reversal of the decision of the IND-SWIFT LABORATORIES LTD. Versus UNION OF INDIA [2009 (7) TMI 98 - PUNJAB & HARYANA HIGH COURT ]- the Revenue should have challenged the Tribunal’s order before the appropriate forum by way of filing appeal so as to keep the matter alive - Revenue having not done so and having allowed the proceeding to arrive at dead end and the Tribunal’s order to attain finality, they are not now entitled to avail the benefit of declaration of law by the Hon’ble Supreme Court subsequent to the conclusion of the proceeding – There is no infirmity in the order - Decided against Revenue.
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