2008 (5) TMI 674

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..... 3890/2006-SM - 1036/2008-SM(BR)/(PB) - Dated:- 29-5-2008 - Shri P.K. Das, J. REPRESENTED BY : Shri Bipin Garg, Advocate, for the Appellant. Shri S. Gautam, DR, for the Respondent. [Order]. -The Appellants are engaged in the manufacture of VP Sugar and Molasses classifiable under Chapter 17 of the Schedule to the Central Excise Tariff Act, 1985. They availed Cenvat credit on capit .....

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..... .T. 173 (P H) and the decision of the Tribunal in the case of Bombay Dyeing Manufacturing Co. Ltd. v. CCE, Mumbai-IV reported in 2007 (215) E.L.T. 433 (Tri.-Mum.). 3. The learned DR reiterates the finding of the Commissioner (Appeals). He submits that the Appellants availed credit on the Iron and Steel products used in Civil Construction which is not admissible to them and therefore, they are .....

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..... ized the credit. It is contended by the Appellants that they have taken credit in the month of March/April, 2005 and reversal made in November, 2005 and they have not utilized the credit. The Tribunal in the case of Bombay Dyeing Manufacturing Co. Ltd. (Supra) held that assessee reversed the credit without utilizing it in a case of wrong availment of credit and therefore, penalty and interest ar .....

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