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2022 (2) TMI 1069 - AT - Central ExciseCENVAT Credit - denial of credit for want of registration as ‘ISD’ during the relevant period - HELD THAT:- The issue has already been settled by the Hon’ble Gujarat High Court in COMMISSIONER OF CENTRAL EXCISE VERSUS DASHION LTD [2016 (2) TMI 183 - GUJARAT HIGH COURT] wherein affirming the view taken by the Tribunal’s Ahmedabad Bench, it has been held that merely for want of registration as ISD, the assessee should not be denied substantial benefit of Cenvat Credit. The Department in Circular no. 1063/2/2018-CX dated 16.02.2018 (Para 2.3) has accepted the above decision of the Hon’ble Gujarat High Court by stating that “Further nonregistration of ISD is only a procedural irregularity for which substantial benefit of CENVAT credit cannot be denied when all the necessary records have been maintained by the respondent.” There are no reason to sustain the impugned demand order and hence, the same is set aside, except to the extent of ₹ 4,65,724/- which is not being contested by the Appellant assessee - penalty set aside - appeal dismissed - decided against Revenue.
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