2012 (11) TMI 521

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....la for the Appellant. Sanjay Jain for the Respondent. ORDER 1. The appellants are engaged in the manufacture of iron and steel articles. The dispute arose about availment of credit of Rs. 74,918/- in respect of inputs purchased by the appellant in the month of June, 1999. Proceedings were initiated against the appellant resulting in denial of credit of the said amount as also for confirma....

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....r dtd. 27.12.06 but they did not wait for necessary sanction/approval of the Asstt. Commissioner and took the credit suo-moto. By relying upon the Larger Bench decision in the case of BDH Industries Ltd. v. CCE 2008 (229) ELT 364 (Tri.), it stands held that the appellants are not entitled to the re-credit of the said amount. If that be so, they were directed to deposit the duty of Rs. 45,388/- and....

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....s considered by the Tribunal in the case of Ultra Tech Cement Ltd. v. CCE 2010 (261) ELT 696 (Tri. - Bang.) and it was observed that the same is not applicable to identical facts and circumstances in as much as facts of the case before Larger Bench were different. Tribunal took note of the Hon'ble Gujarat High Court's judgement in the case of Shyam Textile Mills v. UOI 2005 (67) RLT 488 (Guj.) and....

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....of the pre-deposit of Rs. 40,000/-. The only objection raised by the Revenue is that the appellant, instead of taking the refund suo motu, should have approached them. I note that such refund of pre-deposit accrued to the appellant immediately on passing of the Tribunal's order allowing their appeal. Such credit was also availed by the appellant, under intimation to the Revenue. It is again well s....