2016 (7) TMI 1109

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....R  for the Appellants Shri B L Narasimhan, Advocate for the Respondent ORDER Being aggrieved with the order passed by Commissioner (Appeals), Revenue has filed the  present appeal. 2. After hearing both the sides, duly represented by Shri Yogesh Agarwal, learned DR  appearing for the Revenue and Shri  B L Narasimhan, learned Advocate appearing for the assessee, we f....

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....respondent also joined hands and as per the final decision of the Hon'ble Supreme Court, the cement manufacturer are entitled to avail cenvat credit of duty paid on the capital goods used in the  captive mines.   As a result, the credit reversal made by the respondents can be termed as having been made against declaration of  law by the Hon'ble Supreme Court. 4. In terms of ....

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....e held that the matter was taken up by the assessee directly before the Hon'ble Supreme Court.   As such, he observed that even though Commissioner's order was not challenged, assessee would be entitled to Cenvat credit already reversed by them in the light of law declared by the Hon'ble Supreme. 6. Being aggrieved with the said order, Revenue has filed the present appeal.  Durin....

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....e Court order in the Union of India vs. Saraswati Marble & Granite    Industries Pvt   Ltd. reported as [2015 (326) ELT 427 (SC)].   In an identical circumstances, it was held by the Hon'ble Supreme Court that after the proceedings had attained finality and have not been challenged before the higher authorities, the benefit cannot  be extended to that partic....