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2014 (7) TMI 107 - AT - Central ExciseCENVAT Credit - denial of credit since the matter settles by settlement commission applying the provision of Rule 9(1)(b) - whether duty can be held as paid due to suppression of facts - manufacture of Asceptic Packings - Non fulfillment of export obligation - import of excess inputs as permitted in licence - Held that:- Matter has been settled by the Settlement Commission which was not in dispute. Thereafter, no adjudication took place to prove the charge of suppression. This case is squarely covered by the decision of Indian Oil Corporation (2011 (6) TMI 520 - CESTAT, MUMBAI) wherein this Tribunal has held that as adjudication did not take place therefore, the allegation of suppression of facts inconclusive. In these circumstances, the assessee is entitled to take CENVAT Credit of duty paid. The facts of the case in hand are similar to the facts of the case of Indian Oil Corporation Ltd. (supra). Therefore, I hold that the respondents are entitled to take the CENVAT Credit of the duty paid - Decided against Revenue.
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