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2016 (10) TMI 341 - CALCUTTA HIGH COURT

2016 (10) TMI 341 - CALCUTTA HIGH COURT - TMI - 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 India [2004 (6) TMI 46 - HIGH COURT AT CALCUTTA] - whether the petitioners be allowed to invoke the rights vested in them in terms of the earlier notification? - Held that: - The petitioners herein are s .....

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tioner. - WP No. 1418 of 2005 - Dated:- 20-9-2016 - 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 order dated March 30, 2005 passed by the Commissioner, Central Excise, Kolkata-IV and the show cause notices issued by the Authorities. Learned Advocate for the petitioners has referred to a decision o .....

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fused to give the Cenvat credit on the plea that 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 15, 2016 passed by this Hon ble Court in W.P. No. 2144 of 2005 (Kusum Products Ltd. vs. Commissioner of Central Excise, Kolkata-IV) and has submitted that, a similar writ petition at the behest of the sa .....

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