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M/s. Saehan Stamping Pvt. Ltd. Versus The Commissioner of Central Excise Chennai IV and others

2015 (10) TMI 716 - MADRAS HIGH COURT

Review petition - CENVAT Credit - Not payment of duty and cess with stipulated time of 30days - ontravention of Rule 8(3A) - Recover u/s 11 - Review on the ground that petitioner did not bring to the notice of this Court about the order passed by the .....

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could not be placed for consideration of this Court on account of the fact that the same was not reported immediately - held that:- said decision having been rendered by the Division Bench much prior to the decision in the present writ petition, the .....

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apathy, Senior Counsel for Mr. S. Gurumoorthy For the Respondent : Mr. P. Mahadevan, CGSC ORDER Heard Mr. M. Venkatachalapathy, learned Senior Counsel for the applicant and Mr. P. Mahadevan, learned Standing Counsel for the respondents. 2. This Revie .....

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ioner of Central Excise dated 21.03.2014. By the impugned communication, the department stated that the applicant/petitioner has not paid duty and the application Education Cess and Secondary Higher Education Cess within the due date as stipulated un .....

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ated that the applicant/petitioner is not eligible to utilize the Cenvat Credit for payment of excise duty, however, the applicant/petitioner has utilised the Cenvet Credit for payment of excise duty for the said period, which is in contravention of .....

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the Central Excise Act, 1944. 4. This Court, after hearing the learned Senior Counsel for the petitioner as well as the learned Standing Counsel for the respondents took note of the decision of this Court in the case of Unirol Airtex vs. Assistant C .....

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mount. 5. At the time when the writ petition was disposed of, the applicant/petitioner did not bring to the notice of this Court about the order passed by the Hon'ble Division Bench in the case of Unirol Airtex vs. Assistant Commissioner of Centr .....

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referred to above could not be placed for consideration of this Court on account of the fact that the same was not reported immediately and only due to inadvertence, the said Judgment could not be placed for consideration. 7. The said decision having .....

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