2009 (8) TMI 443

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....al Agarwal and S. Patidari, Advocates for the Appellant. Shri S.K. Mall, SDR, for the Respondent. [Order per: Archana Wadhwa, Member (J)]. - Duty of Rs.2,60,74,879/- stands confirmed against the appellant along with imposition of penalty of identical amount on the ground that the benefit of Notification No. 45/2003-C.E., dated 14-5-2003 availed by them, during the period, 2003-04 to 2006-07 in r....

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....ts the learned Advocate that the credit of Rs.4,76,146/- availed by them in respect of the above items stands subsequently reversed by them along with interest of Rs.1,62,233/-, in which case the condition cannot be held to be contravened. He relies upon the Hon'ble Allahabad High Court judgment in the case of Hello Minerals Water Pvt. Limited v. UOI - 2004 (174) E.L.T. 422 (H.C.-Allahabad.) layin....

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....f credit was not made prior to clearance of the goods. In terms of the above decision Hon'ble Gujarat High Court as also Hon'ble Allahabad High Court which have held that such reversal, even if made subsequently would amount as if no credit has been availed. In the present case, the appellants have reversed the entire credit along with interest. As such, it has to be held as if no credit was avail....