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2015 (9) TMI 1375 - AT - Central ExciseSuo moto availment of credit - whether suo motu re-credit of the credit already reversed is permissible and no refund claim is required to be filed - Held that:- The issue is no more res integra in view of the judgment of Hon’ble Madras High Court in the case of ICMC Corporation (2014 (1) TMI 1473 - MADRAS HIGH COURT) - Taking of credit on the basis of available documents, without disputing their genuineness, cannot be equated with the case of self refund. - There is no stipulation in the Cenvat statute that an assessee is required to obtain prior permission from the jurisdictional Central Excise authorities for making any debit entry in the Cenvat records. Hence, in absence of any specific prohibition to that effect, it is not appropriate to disallow the Cenvat benefit, to which the respondent is statutorily entitled to. This Tribunal in the case of Visakhapatnam Steel Plant v. CCE [2002 (3) TMI 169 - CEGAT, BANGALORE] has held that correction of errors and omissions in the entries would not require permission of the Department. - Decided against Revenue.
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