TMI Blog2017 (7) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) TMI 1469 - KARNATAKA HIGH COURT], where it was held that Rule 3 of the Cenvat Credit Rules provides that a manufacturer or producer of a final product shall be allowed to take credit of the duty of excise. Therefore, once a duty of excise is paid, the manufacturer or producer of the final product is entitled to take CENVAT credit - appeal dismissed - decided against Revenue. - E/20235/2015-SM - 20395/2017 - Dated:- 7-3-2017 - Shri S.S Garg, Judicial Member Shri Parashjva Murthy, AR, For the Appellant Shri V.B. Gaikwad, Advocate, For the Respondent ORDER Per: SS GARG The present appeal filed by the Department is directed against the impugned order dated 13.10.2014 passed by the Commissioner (Appeals) where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Order-in-Original dated 07.11.2013 confirmed the demand of recovery of cenvat credit of ₹ 18,48,000/- (Rupees Eighteen Lakhs and Forty Eight Thousand only) along with appropriate interest and dropped the proposal for demand and recovery of cenvat credit of ₹ 18,48,000/- (Rupees Eighteen Lakhs and Forty Eight Thousand only) in cash, which was wrongly utilized for payment of sugar cess at the time of clearance of white sugar manufactured using sugar cess paid on raw sugar in terms of S.O. 102(E) dated 07.01.2009 issued by the Ministry of Food, Consumers Affair and Civil Supplies, Government of India read with Board's Circular No.883/3/2009-CX dated 26.02.2009. Adjudicating authority also imposed penalty of ₹ 5,00,000/- ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed the appeal of the assessee. He further submitted that pendency of appeal before Supreme Court is no ground to deny him the benefit as per the judgment of the Hon'ble High Court which is binding on the Tribunal. He also submitted that the judgment of the Karnataka High Court has not been stayed by the Hon'ble Supreme Court. Therefore, following the ratio of the Karnataka High Court decision in the case of Shree Renuka Sugars Ltd. wherein in para 33 the Hon'ble Karnataka High Court has observed as under: 33. Rule 3 of the Cenvat Credit Rules provides that a manufacturer or producer of a final product shall be allowed to take credit of the duty of excise. Therefore, once a duty of excise is paid, the manufacturer or p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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