2011 (4) TMI 847

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....ellant. Mr. D.P. Nagendra Kumar, Jt.CDR for the Revenue. Per M.V.Ravindran This stay petition is filed for waiver of the pre-deposit of the following amounts:- a. Duty - Rs.50,157/- b. Credit - Rs.7,26,60,962/- c. Duty - Rs.3,50,416/- d. Interest. e. Penalty-equal to amounts at a to c. 2. The issue involved in this case is regarding the availment of the credit by the app....

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....ginal in para 14B and 14C, which are, in our considered view, mis-concieved. If the assessee has agitated any issue before the first appellate authority, it needs to be examined by the authority and record findings for the conclusions arrived. In our view, both the lower authorities have not addressed the factual submissions made by the assessee before them. In view of this, we set aside both the ....