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2013 (7) TMI 399

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..... CENVAT Credit of under Rule 14 of CENVAT Credit Rules, 2004 read with Section 11A of Central Excise Act, 1944, recovery of interest under Rule 14 of the CENVAT Credit Rules, 2004, read with Section 11AB ibid and for imposition of penalty under Rule 15 of the CENVAT Credit Rules, 2004 read with Section 11AC ibid – Held that:- Relying upon the judgment of Voltamp Transformers Ltd. [2009 (12) TMI 74 .....

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..... r 39 70 of Central Excise Tariff Act, 1985 and are also availing the benefit of CENVAT Credit as provided under CENVAT Credit Rules, 2004. It was observed by HQ audit, that the respondents had received insurance claim of Rs.10,43,810/- for damages of raw materials, finished goods and spares due to flood on 01.07.2007. The respondents had availed the CENVAT Credit in respect of cenvatable goods, .....

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..... bid and for imposition of penalty under Rule 15 of the CENVAT Credit Rules, 2004 read with Section 11AC ibid. 2.1 The adjudicating authority vide impugned order dt.30.03.2010 confirmed the demand of CENVAT Credit of Rs.1,42,521/- under Rule 14 of the CENVAT Credit Rules, 2004 read with Section 11A of Central Excise Act, 1944, ordered for recovery of interest under Rule 14 of CENVAT Credit Rules, .....

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..... has challenged the order of the Tribunal before Hon'ble High Court of Gujarat. 6. Ld. Counsel brings to my notice that said judgment which was been challenged by the Revenue in Tax Appeal No.1586 of 2010, has been dismissed by the Hon'ble High Court, following the Larger Bench of Hon'ble High Court in the case of Intas Pharmaceuticals Ltd which was delivered on 29.08.2012. It is also his submiss .....

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