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    <title>2010 (12) TMI 174 - CESTAT, BANGALORE</title>
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    <description>Settlement Commission proceedings did not bar the Department from issuing show-cause notices on reversal and re-credit of Modvat credit because that issue had not been examined by the Commission and was not treated as completed proceedings for invoking Section 32H; the preliminary objection was rejected. Credit reversed in the statutory returns at the instance of the Range Officer could not be re-credited suo motu without sanction of the proper officer, as the governing law contained no enabling provision for unilateral re-credit and the Larger Bench view controlled the dispute; the assessee&#039;s authorities were distinguished on facts. The Commissioner&#039;s orders were sustained and the appeals failed.</description>
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    <pubDate>Wed, 01 Dec 2010 00:00:00 +0530</pubDate>
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      <title>2010 (12) TMI 174 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=202959</link>
      <description>Settlement Commission proceedings did not bar the Department from issuing show-cause notices on reversal and re-credit of Modvat credit because that issue had not been examined by the Commission and was not treated as completed proceedings for invoking Section 32H; the preliminary objection was rejected. Credit reversed in the statutory returns at the instance of the Range Officer could not be re-credited suo motu without sanction of the proper officer, as the governing law contained no enabling provision for unilateral re-credit and the Larger Bench view controlled the dispute; the assessee&#039;s authorities were distinguished on facts. The Commissioner&#039;s orders were sustained and the appeals failed.</description>
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      <pubDate>Wed, 01 Dec 2010 00:00:00 +0530</pubDate>
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