2012 (3) TMI 358

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....sp;                           Per: Mr. M.V. Ravindran; This stay petition is filed for the waiver of pre-deposit of an amount of Rs.1,34,11,036/- as denial of cenvat credit of the inputs received by the appellant, interest thereof and penalty of Rs.5 lakhs under R....

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.... the said goods from port to the factory. It is his submission that the adjudicating authority demanded cenvat credit only on the ground that the appellant has not imported the goods and he is not filed any bill of entry and M/s. Tata Chemicals Ltd. has not indicated appellant as supporting manufacturer with the Central Excise authority. It is his submission that the decision of the Tribunal in th....

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.... the name of the appellant's factory as the recipients/consignee's of the said inputs. We find that in an identical issue, (as correctly pointed out by the Ld. Counsel) it was held in favour of assessee by the Tribunal, which was carried out in appeal by the Revenue to the Hon'ble High Court of Gujarat, wherein their lordships observed as under: Whether the CENVAT Credit is allowable to the Ass....

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.... document gives details of payment of duty or Service Tax, Description of the Goods, Assessable Value, Name and Address of the factory of the receiver. 2.1 The Tribunal has further observed that according to proviso to Rule 9(2), the jurisdictional Assistant Commissioner can allow CENVAT Credit, if he is satisfied that the duty has been paid and goods have been actually used. The Tribunal found....