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2018 (10) TMI 1371 - HC - Central ExciseWhether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the appellant did not have sufficient unutilised credit balance during each of the months for which the demand is raised in the face of the Chartered Accountant's certificate on record? - Held that:- The impugned order of the Tribunal has disregarded the Chartered Accountant's certificate and without giving any reasons came to the conclusion that the appellant did not have excess unutilised credit available during the month for which demand was issued. Thus, this makes the order bad as being an order without reasons - the appeal is restored to the file of the Tribunal. Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that interest is payable to the extent of credit taken even when the unutilised credit available during the entire period of demand till reversed was in excess of credit taken? - Held that:- The answer to the question would only arise, if factually the Tribunal on remand comes to the view that excess unutilised cenvat credit is available. The appeal is restored to the Tribunal for fresh consideration after considering the evidence already on record, including Chartered Accountant's certificate.
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