2023 (1) TMI 148

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....ANDE, ADVOCATE) RESPONDENT (BY SHRI. SYED PEERAN, ADVOCATE FOR SHRI. RAVI RAGHAVAN, ADVOCATE) JUDGMENT P.S. DINESH KUMAR J., This appeal by the Revenue directed against the Final Order No.12387-88/2018 dated September 25, 2018 has been admitted to consider following questions of law: "(i) Set aside the CESTAT Final Order No.21387-21388/2018 dated 25-09-2018 passed in Appeal No....

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....) paid on Nylon Tyre Chord Fabric used in the manufacture of tyres during the period from 27.03.1995 to 31.03.2000. The total credit from two plants was Rs.9,62,81,499/-. At the material point of time, the CENVAT credit Scheme stipulated that the credit of AED(GSI) could be utilized only for payment of AED(GSI) on the finished products in the manufacture of which inputs were used. Tyres being the ....

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....h AED(GSI) was paid on or after 01.04.2000. Pursuant to the amendment, a recovery order was passed to pay the sum of Rs.9,51,11,316/-. Respondent credited the said amount in June 2008. On 04.02.2009, a show cause notice was issued proposing recovery of CENVAT credit on the ground that it had taken credit prior to 01.04.2000 and the respondent had reversed the credit during the investigation und....

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....edit. He further submitted that the said credit has been liquidated and the Revenue has refunded the amount. Hence, nothing further survives in this appeal. Supporting the impugned order passed by the CESTAT, Shri. Peeran submitted that the issue is no more res integra and covered by the decision in Commissioner of Central Excise Vs. CEAT Ltd. (2013) 298 ELT 525 (Bom.) passed by the High Court of ....