TMI Blog2015 (12) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... ce has not come down below the figure of ₹ 33,15,661, the disputed amount. In July 2009, this amount has been reversed. Further, in reply to the show-cause notice, the appellants have clearly stated that they have taken credit but never utilized during the entire period and it was available in the Books of Account and there is no contra finding. - Since the issue is covered by decision of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not payable and penalty is not imposable in view of the fact that credit of ₹ 33,15,661/- taken during February 2008 to March 2009 was never utilized. Department took a view that they are not eligible for it and the same was reversed in July 2009. 2. Heard both the sides. 3. Learned counsel submits that since the credit was not utilized by the appellants after taking the credit. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , balance has not come down below the figure of ₹ 33,15,661, the disputed amount. In July 2009, this amount has been reversed. Further, in reply to the show-cause notice, the appellants have clearly stated that they have taken credit but never utilized during the entire period and it was available in the Books of Account and there is no contra finding. 6. In the case of CCE vs. Strategic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent is really having merit and the substantial question of law settled in the present Civil Miscellaneous Appeal are not having substance and altogether the present Civil Miscellaneous Appeals deserves to be dismissed. 7. Since the issue is covered by decision of the Hon'ble High Court of Madras, respectfully following the same, it is held that the appellant is not liable to pay in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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