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2016 (3) TMI 10
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....: Shri. Mihir Deshmukh, Advocate For the Respondent : Shri. A.B. Kulgod, Asstt. Commissioner(A.R.) ORDER PER : RAMESH NAIR This appeal is directed against Order-in- Appeal No. 677-678/PD/14 dtd. 26/6/2014 passed by the Commissioner of Central Excise & Service Tax (Appeals-IV), Mumbai, wherein Ld. Commissioner(Appeals) upheld the order-in-original dated 4/10/2013 and rejected the appeal....
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....edit. He submits that though credit was availed but since it was reversed without utilization this is a case as if no credit was availed. In this support he placed reliance on the judgment in the case of Bombay Dyeing Manufacturing Co. Ltd.[2207(215)ELT 55] , wherein Honble Supreme Court held that before the utilization, reversal of Cenvat credit, amount to not taking credit. In view of this judg....
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....d to pay interest on the reversal of the credit. 4. I have carefully considered the submissions made by both sides and perused the record. 5. I find that Ld. lower adjudicating authority as well as the Ld. Commissioner (Appeals) held that since the appellant have availed the Cenvat credit on specified services they have violated the condition provided under clause 2(g) of the Notification No....
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....t utilization, it will amount to not taking the credit. In view of this Honble Supreme Court judgment, I am of the view that since the appellant had reversed the credit even before making application of refund and under the admitted fact that same was not utilized by them it is considered as if Cenvat credit not availed and therefore condition provided under clause 2(g) of the Notification No. 40....