2023 (6) TMI 540

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....y which the demand alongwith interest as raised by the department was set aside but penalty was imposed/maintained of Rs. 5 lakhs. Prior to this, during the pendency of the appeal, the appellant was directed to pre-deposit the amount of Rs.50 lakhs which the appellant did by debiting Rs.47,65,000/- in their Input Credit Register and Rs.2,35,000/- in their Capital Goods Credit Register. After the decision of this Tribunal, the appellant filed refund application for Rs.50 lakhs pre-deposited by them with a request to adjust the amount of Rs.5 lakhs against the penalty and to refund the remaining Rs.45 lakhs in cash on the ground that they are working under exemption notification 30/2004-CE, dt. 9.7.2004 and hence are not able to utilize the C....

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....n by the department in accordance with its litigation policy dated 22.8.2019 and the appeal was dismissed as withdrawn vide order dated 18.3.2021. 4. I have heard learned counsel for the appellant and learned Authorised Representative for the revenue and perused the case records including the written submissions/synopsis and case laws placed on record. Learned Authorised Representative relied upon the order dated 18.11.2016 of this Tribunal by which their appeal was allowed, which was challenged by appellant before the Hon'ble High Court as stated earlier and another order dated 25.5.2018 of this Tribunal by which the application for Restoration of Appeal filed by the appellant herein was dismissed and prayed for dismissal of the appea....