2010 (8) TMI 311

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....sp;    Shri Shrikant V. Gaonker, Consultant, for the Appellant. Shri Manish Mohan, DR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - This application seeks waiver of pre-deposit and stay of recovery in respect of CENVAT credit of Rs. 40,99,834/- and equivalent amount of penalty. The appellant had availed CENVAT credit on items like TOR Steel; HR Coils; HR Pla....

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....cates of a Chartered Engineer. It is contextually pointed out that these certificates, though produced, were not considered by the lower authorities. The learned SDR submits that the CENVAT credit in question will not be admissible to the appellant in view of the Tribunal's Larger Bench decision in Vandana Global Ltd. v. Commissioner of Central Excise, Raipur - 2010 (253) E.L.T. 440 (TRI-LB). In h....

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....ce has retrospective operation. In this connection, he also refers to para 43 of the Larger Bench decision in the case of Vandana Global Ltd. (supra). 2. After considering the submissions, we have not found prima facie case for the appellant against the entire demand. Though the appellant has claimed that various materials on which credit was taken were used in the erection/fabrication of....

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.... gases, it would probably have been said to be a pollution control equipment. The argument of the appellant is far from convincing. 3. It is an admitted fact that the storage tanks were embedded in the earth. The claim of the appellant is that water is stored in these tanks and the same is partly used for generation of steam and partly for cooling ingots and billets (final products). We f....