2008 (11) TMI 504

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....for the Appellant. Ms. M.I.J. Micheal, JCDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  After hearing both sides in support and against the stay petition, we note that the appellant is a unit engaged in the manufacture of various electronic goods located in Kutch area and during the relevant time were availing the benefit of Notification No. 39/2001. In terms of....

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....availed the said credit and should have utilized towards payment of duty in their final product, in which case, they could not have paid duty out of PLA, necessitating refund of the same. On the other hand, it is appellant's contention that it is their choice to avail Cenvat credit in respect of capital goods or not to avail the same and to opt for depreciation in the income-tax law. Having opted ....