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2016 (8) TMI 444 - CESTAT HYDERABADAdmissibility of suo-moto re-credit - Whether the appellants could avail the re-credit of ₹ 18,95,888/- which was debited by them earlier under protest - Held that:- the issue stands covered by the judgments laid in Stumpp, Schedule & Somappa (P) Ltd. [2015 (9) TMI 1375 - CESTAT BANGALORE] and KMC Corporation Ltd. Vs. CESTAT, Chennai [2014 (1) TMI 1473 - MADRAS HIGH COURT]. 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. Therefore, there is no impediment in the appellant taking suo motto credit of ₹ 18,95,888/-. - Decided in favour of appellant
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