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M/s Shamco Plastic Pvt Ltd Versus Commissioners of Central Excise, Customs and Service Tax-VADODARA-II

2016 (10) TMI 73 - CESTAT AHMEDABAD

Recovery of suo moto cenvat credit alongwith imposition of penalty - Cenvat credit availed without any duty paying documents or specific order to avail the credit - Held that:- the appellant has categorically submits that they have not filed any refu .....

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ant are eligible to the refund and the Appellant claims that no refund has claimed pursuant to the CESTAT Order as they had already taken suo motto credit of the refund amount in their CENVAT Credit account, therefore, the disposal of the present cas .....

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sentative ORDER Heard both sides and pursued the records. 2. The appeal is filed against OIA OIA-SRP-192-193-VAPI-2013-14 dt 23.7.2013 passed by the Commissioner (Appeal), Central Excise, Customs and Service Tax-VADODARA-II 3. The appellant s are eng .....

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to avail the credit. Consequently, a demand notice was issued for recovery of the said amount on 15.3.2012 alongwith proposal for imposition of penalty. On adjudication, the demand was confirmed and penalty of equal amount imposed besides, impositio .....

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377; 40,000/-and set aside the confiscation of goods and personal penalty against the Director. Hence, the present appeal. 4. The Ld Advocate for the appellant submitted that the appellant had paid their duty liability under Rule 8 of Central Excise .....

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filed. During the pendency of the said refund claim, they have taken suo motto re-credit of the Cenvat Credit accounts in the month of March 2011 paid earlier in discharge of their duty liability. For recovery of the suo moto credit demand notice was .....

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anced by the appellant, allowed their appeal by allowing their refund paid in cash. 5. Ld AR for the Revenue does not dispute that the refund of cahs amount was allowed by the Tribunal, they should not be allowed the suo motto CENVAT credit. 6. The L .....

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s Order dt.26.02.2016 has already allowed the refund of the amount paid in cash observing that the utilization of CENVAT credit during the default period is legal in view of the decision of the Hon ble Gujrat High Court in Precision Fastner Ltd. Vs. .....

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