2013 (5) TMI 211

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.... JUDGEMENT Per: M.V. Ravindran: These two Stay Petitions are filed for waiver of pre-deposit of duty of Rs.49,69,072/- interest thereof and equal amount of penalty imposed. 2. The above said amounts have been confirmed as duty liability along with interest and equal amount of penalty on the main assessee and also the penalty of Rs.1 lakh on the other appellant, on the ground that the ap....

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....mpany has received the imported polyester chips on which the duty liability was discharged by one M/s Shri Karni Enterprises. It is his submission that without going into any other factors, it is the case of the Revenue that they have received polyester chips on which duty liability was discharged, then they are eligible to avail CENVAT Credit of the CVD paid on such goods. It is his submission th....

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....ich includes the documents which are in the name of the appellant. It is his submission that in the absence of any documents in the hands of the appellant which indicate the duty liability having been discharged on the inputs, they are not eligible for CENVAT Credit. 6. We have considered the submissions made by both sides at length and perused the records. We find that the entire case has been....

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.... to provide the evidences regarding the consignment which were imported and consigned to the appellant. In our view, the issue needs to be reconsidered by the adjudicating authority by providing the evidences relied upon in the show cause notice for arriving at conclusion that the appellant had received the consignment of polyester chips which were imported by M/s Shri Karni Enterprises, the issue....