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M/s Divi's Laboratories Ltd. Nalgonda District Versus The Commissioner C.C. E&ST, Hyderabad-III

2016 (6) TMI 605 - CESTAT HYDERABAD

Appropriation of interest amount against the rebate claim sanctioned to appellant - Held that:- This Tribunal vide Final Order allowed the refund of ₹ 43,96,488/- holding that the credit availed on duty paid on ethyl alcohol is admissible. On s .....

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bate claim without reduction of interest of ₹ 18,18,986/- E/27306/2013 - A/30300/2016 - Dated:- 28-3-2016 - Ms. Sulekha Beevi, C.S. Member(Judicial) Shri P.Dwarakanath, Consultant for the Appellant Shri V.Ramakrishna, AR for the Respondent ORDE .....

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/- on the duty paid on ethyl alcohol. The Superintendant of central excise vide Letter dated 21-04-2010 directed the appellants to reverse the credit of ₹ 43,96,488/-. The appellants reversed the credit under protest. On understanding that ther .....

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yl alcohol not being an excisable product, no duty is payable on ethyl alcohol, and that therefore, appellant cannot avail Cenvat credit on the duty paid on ethyl alcohol. 3. The appellant filed appeal before the Tribunal against rejection of refund .....

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unt vide order dated 12-12-2012. However, an amount of ₹ 18,18,986/- was appropriated by the original authority from this sanctioned rebate claim towards interest against the irregularly availed credit of ₹ 43,96,488/- which was then pend .....

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