2011 (7) TMI 566

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....uvenkatraman, Advocate For the Respondents Credit of CVD paid by the respondents herein on 4 items out of 22 imported by M/s.Noritsu Koko Co.Ltd. and sold to M/s.Kodak India Pvt. Ltd.,who then sold them to the assessees herein has been extended by the Commissioner (Appeals) and it is against such extension that the Revenue is in appeal before the Tribunal.   2. The items in dispute are;....

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....dia Ltd. and Kodak India Ltd. to the respondents were not proper documents as prescribed under Rule 9 of the CENVAT Credit Rules, 2004 for taking credit. I, therefore, hold that there is no warrant to interfere with the impugned order extending credit of Rs.5,30,539.50. As regards setting aside of penalty under Section 76 of the Finance Act, 1994, I find that penalty under Section 78 has been reta....