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Kusum Products Ltd. & Another Versus Commissioner of Central Excise

2016 (10) TMI 341 - CALCUTTA HIGH COURT

CENVAT credit - manufacturer of vanaspati oil - The Authorities have refused to give the Cenvat credit on the plea that the regulations have subsequently been changed. - reference made to the decision of the Hon’ble Court in Rasoi Ltd. Vs. Union of I .....

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asoi Ltd., the decision in the case apply. - The petitioners are entitled to invoke the rights vested in them in accordance with the notification issued earlier by the parties. Viewed from such perspective the impugned order as well as the show c .....

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016 - Debangsu Basak, J. Mr. Sumit Kr. Chakraborty, Mr. Piyal Gupta, Ms. Payal Verma, Advs. for the petitioners Mr. Uday Shankar Bhattacharyya, Ms. Aishwarya Rajyashree, Advs. for the respondent ORDER The Court : The petitioners have assailed a final .....

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e Law Times 101 (Rasoi Ltd. Vs. Union of India) and has submitted that, the issues raised in the present writ petition are covered by the decision rendered therein. The petitioners here are similarly situated and circumstanced as that of the petition .....

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the regulations have subsequently been changed. Consequently the decision of the Authority as impugned herein and the show cause notices ought to be set aside. Learned Advocate for the petitioners has also referred to judgment and order dated June 1 .....

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. Learned Advocate for the respondent has submitted that, a Special Leave Petition carried against the Rasoi Ltd. (supra) was dismissed. He has submitted that, in Rasoi Ltd. (supra) it has been held that, a manufacturer of vanaspati oil is entitled t .....

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oners before me seek that they should be allowed to invoke the rights vested in them in terms of the earlier notification. Rasoi Ltd. (supra) had permitted the petitioner therein to invoke such vested right. The petitioners herein are similarly situa .....

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