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2021 (8) TMI 697 - AT - Central ExciseCENVAT Credit - seeking reversal of amount of cenvat credit availed under head AED (GSI) - recovery of interest u/s 11 AB of Central Excise Act, on the amount of AED (GSI) wrongly availed - levy of penalty - HELD THAT:- The issue involved in the matter is no longer res-integra. In their own case reported at COMMISSIONER OF C. EX., MUMBAI-III VERSUS CEAT LTD. [2010 (3) TMI 621 - CESTAT, MUMBAI] same issue has been decided holding in their favour. This order of tribunal was upheld by the Hon’ble Bombay High Court as reported at [2013 (7) TMI 568 - BOMBAY HIGH COURT] where it was held that In terms of the provisions enacted in Finance Act, 2004, the debits were held not amounting to payment of duty and the assessee was required to meet the same obligation by payment from PLA. In the instant case, the debits were held to be of no consequence when the assessee was required to pay duty initially discharged using AED (GSI) credit. Appeal allowed - decided in favor of appellant.
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