2011 (6) TMI 52

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....; For Respondent : Shri Rajendra Nagar, SDR   Per : Mrs. Archana Wadhwa;   After hearing both the sides duly represented by Ms. Jalpa Trivedi, learned Chartered Accountant and Shri Rajendra Nagar, learned DR, we find that impugned order stands padded by the Commissioner by reviewing the order of the Additional Commissioner, vide which he had dropped the proceedings initiated aga....

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....d by the Additional Commissioner, who dropped the proceedings on the ground that the credit so availed by the appellant was reversed by them even prior to the issuance of show cause notice and as such, it amounted to the fact as if no credit was ever availed by them. For the above proposition, he relied upon the Hon'ble Supreme Court decision in the case of Chandrapur Magnet Wires Pvt. Limited vs.....

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....dated 07.07.2009, which has been given retrospective effect from 01.04.2000, vide Section 75 of the Finance Act, 2011. Inasmuch as the said plea of the appellant is legal plea, we allow them to raise the same. Further, we note that the said notification was not before the Commissioner, when he passed the impugned order, we deem it fit to set-aside the impugned order and remand the matter to Commis....