2014 (11) TMI 621

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.... the Bombay High Court (O.S.) Rules. 2. Ordinarily, we would have insisted on a proper and complete explanation for such an enormous delay, but finding that the Appeal has been dismissed for want of compliance with the Bombay High Court (O.S) Procedural Rules, after it was placed for admission before the several Division Benches, that in the facts and circumstances and peculiar to this case, the delay is condoned. The delay is also condoned because both sides agreed that upon restoration they are ready to argue the Appeal for admission. 3. Accordingly, we have condoned the delay and we have taken up the Appeal for admission forthwith. 4. Mr.Kantharia , appearing on behalf of the Revenue, in support of this Appeal which challenges the ord....

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....nt at the final stage. Therefore, this is a case of revenue neutrality and the point is answered in favour of the Assessee and against the Revenue by a authoritative pronouncement of the Hon'ble Supreme Court in the case of CCE v/s. Textile Corporation of Marathawada , 2008 (231) ELT 195 (SC), therefore the Appeal should be dismissed. 6. With the assistance of Mr.Kantharia and Mr.Sridharan , we have perused the order passed by the Tribunal and the relevant Notification so also the judgment of the Hon'ble Supreme Court. The Tribunal has found that the Additional Excise Duty paid on the bleached cotton fabrics was available as Cenvat credit in terms of Rule 57-AB (1 )( iv) of the Central Excise Rules, 1944 and Rule 3(1) (iv) of the C....