2012 (9) TMI 781

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....Gangadhar J.M. for the Respondent. JUDGMENT 1. The Revenue has preferred this appeal against the order passed by the appellate tribunal allowing the appeal filed by the assessee on the ground that when the demands are dropped on any account, then in such a situation, penal provisions cannot survive against the assessee. 2. The assessee was served with a show-cause notice calling upon them....

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.... order dated 26.10.2006 held that the assessee has made strong arguments in support of judicial pronouncement regarding their contentions that the CENVAT Credit cannot be denied on account of incorrect depreciation claimed initially and later rectified. Following the judgments of the Tribunal in the case of Terana Shetkari Sahakari Sakhar Karkhana Ltd. v. CCE 2001 (138) ELT 1225 (Trib. - Mum.) has....