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M/s Sundaram Industries Limited Versus CCE Madurai

Availability of sufficient credit in the statutory record - levy of interest - Held that: - the procedure of filling application as per 2010 Budget proposal was not complied with. It is needless to state that the approach of the appellant of reversing the proportionate credit being the object of the 2010 Budget provision, asking the appellant to go through the application procedure is redundant. Therefore, the authority is only to satisfy themselves whether proportionate credit has been reversed .....

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authority for finding out the credit availability on the statutory record - appeal disposed off. - E/40440 & 40441/2014 - Final Order Nos. 41299-41300/2016 - Dated:- 3-8-2016 - Shri D.N. Panda, judicial Member Shri S. Muthuvenkataraman, Advocate for the Appellant Shri L. Paneerselvam, AC (AR) for the Respondent ORDER Despite several directions, Revenue could not come up to satisfy that there were sufficient credits in the statutory record for a decision of levy of interest. 2. Appellant submits .....

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r. Appellant further says that there were sufficient credits at the material time and appellant has not made abuse of such credit. 3. Revenue supports adjudication. 4. Despite repeated remands, when Revenue has filled to satisfy the Bench even on today on the averment of the appellant, it is no more desirable to keep the appeals pending but to direct the adjudicating authority to grant fair opportunity of examination to the appellant within 15 days from the date of receipt of this order issuing .....

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