TMI Blog2016 (10) TMI 609X X X X Extracts X X X X X X X X Extracts X X X X ..... e in respect of the very same assessee was decided where it was held that refund has to be granted of the unutilized credit. Appeal dismissed - impugned order upheld - decided against Revenue. - E/1165/05-Mum - A/89400/16/EB - Dated:- 18-8-2016 - Mr. M.V. Ravindran, Member (Judicial) and Mr. C.J. Mathew, Member (Technical) Shri Ashutosh Nath, Assistant Commissioner (AR), for appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presentative. We find that identical issue in respect of the very same assessee was argued before this bench in appeal No. E/3407/03 and the Bench, vide order No. A/1896/C-III/SMC/WZB/05, allowed the appeal and held that refund has to be granted of the unutilized credit. This order of the Tribunal was challenged by the Revenue in Central Excise Appeal No.40 of 2006, which was dismissed by the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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