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TMI Blog2021 (9) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... zation, it will amount to non-availment of credit as held by Hon ble Gujarat High Court in COMMISSIONER OF CENTRAL EXCISE VERSUS ASHIMA DYECOT LTD. [ 2008 (9) TMI 87 - HIGH COURT GUJARAT ] and maintained by Hon ble Supreme Court reported in [ 2009 (3) TMI 975 - SC ORDER ]. Appeal allowed - decided in favor of appellant. - EXCISE Appeal No. 863 of 2012 - A/12342/2021 - Dated:- 1-9-2021 - MR. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... denied the exemption notification and demanded the excise duty. 3. Shri R. Subramanya, learned Counsel submits that since the credit was reversed without utilization the same, it will amount to non-availment of credit and therefore, there is no breach of exemption notification 30/2004-CE. He submits that in identical facts and legal issue involved in the appellant s own case, this Tribunal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jarat High Court in the case CCE vs. Ashima Dyecot Limited 2008 (232) ELT 580 (Guj) and maintained by Hon ble Supreme Court reported in 2009 (240) ELT A41(SC). On the identical set of facts, in the appellant s own case, this Tribunal has allowed the appeal vide order dated 29.04.2015 wherein the following order was passed:- 2 After hearing both the sides and on perusal of the records, we fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find that the Tribunal in the case of Omkar Textiles Pvt. Ltd (supra) held that the quantum of CENVAT Credit reversed and there is no suppression of fact with intent to evade payment of duty and the extended period of limitation cannot be attracted. 4. In view of the above, we find that the demand of duty along with interest and penalty cannot be sustained. Accordingly, the impugned order is s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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