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2015 (3) TMI 1166 - CESTAT CHENNAI

2015 (3) TMI 1166 - CESTAT CHENNAI - TMI - Denial of credit on MS Channels, MS Angles, MS Plates etc. after the amendment of definition of Rule 2(k) of Cenvat Credit Rules, 2004 - Held that:- Taking into consideration the judicial pronouncements in all fairness, the appeal should be remanded to the adjudicating authority. Accordingly, the appeal is remanded to the adjudicating authority who shall hear the case afresh after examining the ratio laid down in Commissioner Vs. Jawahar Mills Ltd. (200 .....

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the Respondent :Shri K.P. Muralidharan, AC (AR) JUDGEMENT 1. The appellant filed stay application against Commissioner (Appeals) order-in-appeal dt. 15.4.2004. 2. Against the confirmed demand of ₹ 42,59,842/- appellants have already complied with predeposit order before Commissioner (Appeals) by payment of ₹ 25 lakhs as predeposit which is reflected in para-4 of the OIA. Looking into the fact that appellants have already pre-deposited ₹ 25 lakhs against the demand and the lowe .....

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