2017 (10) TMI 1052

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....an, Senior Counsel with Mr.Hirawat and Mr.Jas Sanghvi i/b PDS Legal for the respondent ORDER P. C. 1 Heard the learned counsel appearing for the Appellant-Revenue. On the basis of the show cause notice issued to the respondent, the Commissioner, Central Excise, Pune-II confirmed the demand and imposed penalty. Being aggrieved by the said order, the respondent preferred an appeal before th....

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....still amount to taking the credit and exemption will not be available. The appellants in the case before us have not only reversed the credit of Rs. 70,21,383/but also paid the interest of Rs. 4,71,189/. We feel that by doing so, the appellants have undone the act of taking/utilizing the credit and in the light of Allahabad and Gujrat High Court judgments supra, it amount to not taking the credit ....