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2018 (2) TMI 798

Rectification of mistake - applicant pointed out that he could not appear when the matter was called in respect of the impugned order and therefore, could not inform the Court that in the appellant’s own case, this Tribunal has vide order No.A/772/C- .....

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d. - E/ROM/92943/2017, E/87327/2015-SM[BR] - M/90949/2017 - Dated:- 28-12-2017 - Mr. Raju, Hon ble Member (Technical) Applicant - Represented by: Mr.J.N. Somaiya, Advocate Respondent - Represented by: MrV.K.Agarwal, Addl. Comm. (AR) Per: Raju 1. This .....

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the case of N.R Agarwal Industries - 2014 (300) ELT 213 (Guj). 2.1 He further pointed out that no findings on limitation being given in the impugned order. 3. Ld. AR for the Revenue pointed out that explanation 2 was inserted in Rule 2 (k) of Cenvat .....

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r but shall not include cement, angles, channels. Centrally Twisted Deform bar (CTD) or Thermo Mechanically Treated Bar (TMT) and other items used for construction of factory shed, building or laying of foundation or making of structures for support .....

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- 2011 (270) ELT 465 (SC). It is seen that the order dated 09/01/2006 in appellant s own case has been passed without considering the decision of the Hon ble Apex Court in the case of Saraswati Sugar Mills (supra) and therefore, the same cannot be tr .....

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r. 8. In so far as the issue on limitation is concerned, the matter was clarified by insertion of explanation in Rule 2 (k) with effect from 07/07/2009 after that period, the appellant could not have held any bonafide belief as the Rule was very clea .....

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