2010 (6) TMI 345

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....ndu Bhattacharjee, Advocate, for the Appellant. Shri A.K. Sharma, JDR, for the Respondent. [Order per : S.S. Kang, Vice-President]. - Heard both sides. 2. The appeal is being taken up in pursuance to the order dated 23rd April, 2010 passed by Hon'ble Supreme Court. Brief facts of the case are that the appellant are availing Cenvat credit in respect of the duty paid on inputs used in or re....

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....;Revenue filed appeal against the final order passed by the Tribunal whereby the penalty was reduced. The Hon'ble Supreme Court vide order dated 23-4-2010 remanded the matter to the Tribunal to decide the issue of imposition of penalty afresh in view of the decision of Hon'ble Supreme Court in the case of Union of India v. Rajasthan Spinning & Weaving Mills reported in 2009 (238) E.L.T. 3 (S.C.). ....

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....resent case the appellant availed credit before the receipt of the inputs in the factory and it is also on record that in respect of five invoices subsequently also the inputs were not received in the factory and the credit so taken was utilized for payment of duty when the appellant had not sufficient balance in their Cenvat Account. Hence we find that the conditions mentioned under Section 11AC ....