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2016 (2) TMI 485 - HC - Central ExciseRecovery of duty - Entitlement to exemption notification - whether once the applicant had paid the amount by way of utilizing Cenvat credit, it was not permissible for the applicant to suo motu reverse the Cenvat credit? - Held that:- As the applicant has already deposited a sum of ₹ 6.5 crore pending the appeal before the Tribunal, under the circumstances, having regard to the peculiar facts and circumstances of the case, the respondent be restrained from enforcing coercive recovery of duty against the applicant pursuant to the impugned order. Having regard to the submissions advanced by the learned counsel for the applicant, the court is of the view that a prima facie case has been made out for grant of the relief prayed for in the application
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