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TMI Blog2016 (7) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... L Narasimhan, Advocate for the Respondent ORDER Being aggrieved with the order passed by Commissioner (Appeals), Revenue has filed the present appeal. 2. After hearing both the sides, duly represented by Shri Yogesh Agarwal, learned DR appearing for the Revenue and Shri B L Narasimhan, learned Advocate appearing for the assessee, we find that the dispute arose between the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final decision of the Hon'ble Supreme Court, the cement manufacturer are entitled to avail cenvat credit of duty paid on the capital goods used in the captive mines. As a result, the credit reversal made by the respondents can be termed as having been made against declaration of law by the Hon'ble Supreme Court. 4. In terms of the above decision of the Hon'ble Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see directly before the Hon'ble Supreme Court. As such, he observed that even though Commissioner's order was not challenged, assessee would be entitled to Cenvat credit already reversed by them in the light of law declared by the Hon'ble Supreme. 6. Being aggrieved with the said order, Revenue has filed the present appeal. During the course of hearing, a specific question was p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rble & Granite Industries Pvt Ltd. reported as [2015 (326) ELT 427 (SC)]. In an identical circumstances, it was held by the Hon'ble Supreme Court that after the proceedings had attained finality and have not been challenged before the higher authorities, the benefit cannot be extended to that particular assessee in view of a subsequent decision by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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