2012 (12) TMI 225

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....upal, JDR, for the Respondent. [Order].  - Heard both sides. 2. The learned consultant Shri Kandasamy appearing for the appellants, states that the appellants received the impugned goods along with invoices on which they have taken input duty credit. They had also taken the precaution to verify that the supplier of the goods is a registered dealer. The appellants have also paid ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(iv)   Stay Order No. 789/2011, dated 21-10-2011 in the case of M/s. Ellen Ferrous Castings Pvt. Ltd. v. CCE, Coimbatore 3. Heard the learned DR Ms. Indira Sisupal. She points out that the dealer in question has not paid any Central Excise duty and hence the appellants are not entitled to take any credit. She states that the same dealer is involved with a number of purchasers who....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h is not the case here. The other decisions of the Tribunal are Single Member decisions/stay orders which do not have a binding effect. It is of paramount importance while deciding stay petitions in such cases to view the whole case in its entirety. The CENVAT credit scheme has been put in place to allow credit of the input duty paid to the exchequer, while subsequently paying duty on the finished....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and depleted and such an undesirable outcome has to be avoided while interpreting various provisions of the CENVAT scheme. If the appellants have been given invoices showing payment of duty without the supplier having paid the duty, there are legal recourses available to the appellants to obtain compensation from the supplier. There is no reason why the Central Excise Department should compensate ....