2014 (4) TMI 86

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..... lowing decision of CCE Vs. Delta Corporation [2013 (2) TMI 31 - GUJARAT HIGH COURT] - Decided in favour of assessee. - E/2793-2794 & 2827/2011 - Stay Order No.55636-55638/2013 - Dated:- 18-1-2013 - Smt. Archana Wadhwa and Shri Sahab Singh, JJ. For the Appellant: Shri B.L. Narasimhan, Advocate For the Respondent: Ms. Ranjana Jha, Jt. CDR ORDER Per Archana Wadhwa : The Commiss .....

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..... hat though all the above decisions were placed before the adjudicating authority, he has chosen to ignore the same and has not given any finding as to why the same are not applicable. He also clarifies that whereas the credit availed by them is to the extent of around Rs.37 crores the duty paid by them on the final product is around 42 crores. For all the above reasons, he prays for grant of uncon .....

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..... ciating the submissions made by both the sides, we find that the issue is no more res integra and there are umpteen number of Tribunal decisions, confirmed by the Hon ble High Court laying down that inasmuch as the credits so availed has been used for payment of duty on the final product, the entire exercise is Revenue neutral and the assessee cannot be called upon to pay back Cenvat once again. F .....

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