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2012 (11) TMI 1013

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..... ual to the CENVAT credit or an amount proportionate to the depreciated value of the capital goods - Held that:- respondent has mainly relied on the Hon’ble Karnataka High Court’s decision in CCE, Bangalore vs. Tata Advanced Materials Ltd. [2011 (4) TMI 1124 - KARNATAKA HIGH COURT]. It is fairly conceded by the learned Superintendent(AR) that the decision cited by the respondent is one rendered by .....

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..... The original authority demanded an amount of Rs.1,35,537/- equal to proportionate credit on the capital goods, also demanded interest thereon and imposed a penalty on the party. The aggrieved party preferred an appeal to the Commissioner (Appeals) and the same came to be allowed. The appellate authority relied on certain decisions of this Tribunal including Tata Advance Materials vs. CCE, Bangalor .....

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..... a High Court s decision in CCE, Bangalore vs. Tata Advanced Materials Ltd. [2011(271) ELT 62 (Kar.)]. It is fairly conceded by the learned Superintendent(AR) that the decision cited by the respondent is one rendered by the Hon ble High Court in the Central Excise appeal filed by the Department in the case of Tata Advanced Materials Ltd. The issue in the instant case, which has been stated at the o .....

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