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2016 (4) TMI 102 - AT - Central ExciseWrongly availed cenvat credit on inputs/parts under Rule 14 of CCR - denial of credit on MS Channels, MS Angles, MS Plates etc. after the amendment of definition of Rule 2(k) of Cenvat Credit Rules, 2004 - demand appropriated with interest and imposed equivalent penalty - Held that:- Both sides have not considered various decisions of the Hon'ble Supreme Court and various High Court pronouncements on the issue of credit availed on MS Angles, channels etc. in the cases Commissioner Vs. Jawahar Mills Ltd. (2001 (7) TMI 118 - SUPREME COURT OF INDIA ), CCE, Tiruchirappalli Vs. India Cements Ltd. ( 2013 (1) TMI 5 - Madras High Court ) Accordingly, the appeal is remanded to the adjudicating authority who shall hear the case afresh after examining the ratio laid down in the above judgments and pass appropriate order.
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