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2016 (2) TMI 485 - GUJARAT HIGH COURT

2016 (2) TMI 485 - GUJARAT HIGH COURT - 2016 (335) E.L.T. A112 (Guj.) - Recovery of duty - Entitlement to exemption notification - whether once the applicant had paid the amount by way of utilizing Cenvat credit, it was not permissible for the applicant to suo motu reverse the Cenvat credit? - Held that:- As the applicant has already deposited a sum of ₹ 6.5 crore pending the appeal before the Tribunal, under the circumstances, having regard to the peculiar facts and circumstances of the c .....

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JOSHI, SENIOR ADVOCATE with MR DHAVAL SHAH, ADVOCATE ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Mr. Mihir Joshi, Senior Advocate, learned counsel with Mr. Dhaval Shah, learned advocate for the applicant invited the attention of the court to the facts of the case to point out that by two demand show cause notices, the respondents proposed to deny exemption availed by the applicant under the relevant notifications to the tune of ₹ 26,18,51,089/-. On merits, the Tribunal, howe .....

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