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2018 (2) TMI 624 - AT - Central ExciseSuo motu re-credit of the duty initially paid/reversed in their books of accounts, after a period of time - Held that:- Both sides fairly agree that it would be inappropriate to decide the issue following the Division Bench judgment when the matter is on Board of the High Court. In similar circumstances this Tribunal in the case of Ashapura Volclay Ltd. and others Vs. C.C., Jamnagar - [2017 (6) TMI 659 - CESTAT - Ahmedabad] following the principle laid down by the Larger Bench, disposed of the matter, with the liberty to approach the Tribunal after disposal of the cases pending before the higher forum. Following the said judgment, the present appeals are also disposed of with the liberty to both sides to approach the Tribunal soon after the verdict of the Hon’ble High Court in the pending Appeal against the Division Bench judgment of this Tribunal in Garden Silk Mills Ltd.’s case (2015 (12) TMI 942 - CESTAT AHMEDABAD). Needless to mention, no recovery nor any refund would be processed during the period.
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