2009 (12) TMI 561

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....ing Counsel, for the Appellant. [Order per : K.A. Puj, J. (Oral)]. - The Commissioner of Central Excise and Customs, Vadodara has filed this Tax Appeal under Sec. 35G of the Central Excise Act, 1944 proposing to formulate following substantial question of law for determination and consideration of this Court : "Whether the CENVAT Credit is allowable to the Assessee, especially when the Bi....

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.... of payment of duty or Service Tax, Description of the Goods, Assessable Value, Name and Address of the factory of the receiver. 2.1 The Tribunal has further observed that according to proviso to Rule 9(2), the jurisdictional Assistant Commissioner can allow CENVAT Credit, if he is satisfied that the duty has been paid and goods have been actually used. The Tribunal found, as a matter of f....