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Commissioner of Central Excise Pune II Versus Finolex Industries Ltd.

Suo-motu credit of the amount paid - eligibility to avail the Cenvat credit/recredit - Held that:- We find that the adjudicating authority has come to a correct conclusion inasmuch, the findings of the fact of adjudicating authority are not disputed i.e. the demand of the duty on the respondent has been set aside by the adjudicating authority and upheld by the Tribunal. We also note that the amount paid by the respondent is “under protest” by a debit in Cenvat account. Adjudicating authority has .....

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Dated:- 25-8-2016 - Mr. M.V. Ravindran, Member (Judicial) and Mr. C.J. Mathew, Member (Technical) Shri Ajay Kumar, Jt. Commr (AR), for appellant Shri Gajendra Jain, Advocate, for respondent Per: M.V. Ravindran This appeal is filed by the revenue against Order-in-Original No. 7/CEX/2004 dated 12.04.2004. 2. Heard both sides and perused the records. 3. The grievance of the revenue is that the adjudicating authority has incorrectly dropped the proceedings initiated against the respondent by show c .....

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cluded in show cause notice which was adjudicated and the demands were dropped by the adjudicating authority holding allegations are not sustainable and the same was upheld by the Tribunal as reported at 2010 (261) ELET the 428. The respondent on the dropping of show cause notice by the adjudicating authority for the demand of the duty, availed suo-motu Cenvat credit of the amount debited. This credit which is being availed suo motu by the respondent is sought to be demanded by the show cause no .....

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espondent would submit that the issue of demand of the duty on the respondent is now settled in his favour by the decision of the Tribunal. Hence any amount paid in pursuance of the direction of the officers is to be held as an amount retained by the government without authority of law. It is his submission that since they had paid the amount under protest by debit in the Cenvat account they had availed the Cenvat credit on receiving a favourable order. He would submit that the law is now settle .....

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