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If upon a misconception of the legal position the assessee had paid the tax which he was not liable to pay then availing Cenvat credit of the same cannot be termed as illegal.

Service Tax - By: - Bimal jain - Dated:- 27-11-2015 - The Commissioner of Central Excise, And Service Tax Large Taxpayer Unit Vs. Tamilnadu Petroproducts Ltd, The Customs Excise And Service Tax Appellate Tribunal [2015 (11) TMI 840 - MADRAS HIGH COURT] In the instant case, Tamilnadu Petroproducts Ltd. ( the Respondent ) was manufacturer of various organic and inorganic chemicals. Upon gathering intelligence, a surprise inspection was conducted in January, 2006 and it was found that the Responden .....

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