2009 (5) TMI 731

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...., Consultant, for the Appellant. Dr. Gautam Ray, Jt. CDR, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. -  Heard both sides. 2. We take up these five Stay Petitions and five Appeals together as both sides agree that the issues involved are similar in these cases. 3. In all these cases Appeals were dismissed for want of COD Clearance. However, t....

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....nt Rule 4 (b) of the Cenvat Credit Rules, 2002 reads as under :- (b) The balance of CENVAT credit may be taken in any financial year subsequent to the financial year in which the capital goods were received in the factory of the manufacturer, if the capital goods, other than components, spares and accessories, refractories and refractory materials and goods falling under heading No. 68.02 ....

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....p;Learned Departmental Representative (Jt. CDR) argues that today only Stay Petitions should be taken up and the Appeals can be decided later on at an early date. However, in view of the clear position of law, we do not find such submission by ld. JCDR reasonable and hence we reject the same. Keeping in view the legal position as analyzed above, we are of the opinion that the Appellants are entitl....