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Dr. Reddys Laboratories Ltd Versus Commissioner of Customs, Central Excise and Service Tax HYDERABAD-IV

2015 (4) TMI 1148 - CESTAT BANGALORE

Recovery - Rebate sanctioned - export of P&P medicaments - Held that: - the present demands by the Commissioner are consequential demands raised by the Revenue for recovery of the rebate claims already sanctioned, in the light of acceptance of Revenu .....

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no longer survive. We also take note of the specific order of the Hon’ble High Court of Delhi setting aside the consequential demands. As such, it is safe to conclude that the impugned order has become non est, in the light of the Hon’ble High Court .....

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Seshagiri Rao, Advocate For the Respondent : Shri Mohd. Yusuf, Addl. Commissioner(AR) JUDGEMENT Per : ARCHANA WADHWA After dispensing with the condition of predeposit of dues to the extent of around ₹ 21 crores, we proceed to decide the appeal .....

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and claimed rebate of duty of excise paid thereon. Such rebate claimed by the appellant was examined by the original adjudicating authority and vide his Orders-in-Original dt. 30/09/2011 and 13/01/2012, the same was sanctioned and amount was given t .....

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by the Revenue. The matter was taken up by the appellant before the revisionary authority, who also upheld the order of Commissioner(Appeals) but gave some partial relief to the appellant. In the meanwhile show-cause notices were issued to the appell .....

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doing so, he also relied upon the OIA passed by Commissioner(Appeals) vide which the Revenue s appeals were allowed. 3. It may be noted that the revision application filed by the appellant against the OIA of Commissioner(Appeals) was rejected by the .....

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restored the order of the Assistant Commissioner along with any consequential demands raised for recovery of the rebate of excise duty. 5. In the above background, we note that the present demands by the Commissioner are consequential demands raised .....

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