2012 (11) TMI 1010

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....ent : Ms Mallika Mahajan, AR Per: M V Ravindran: This stay petition is filed for the waiver of the pre-deposit of the following amounts: Appellant Cenvat Credit Disallowed Penalty M/s. Gujarat Sidhee Cement Ltd. Rs.2,67,31,687/- Rs.17,20,000/-   2. The above said amounts have been confirmed by the adjudicating authority on the ground that the appellant have avail....

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.... is his submission that the issue is covered in their favour. It is also his submission that the invoices on which credit was taken were in the name of their head office and their head office being not registered as ISD, the cenvat credit has been denied to them. He would submit that this Bench in the case of GHCL Ltd. - 2012-TIOL-1364-CESTAT-AHM has in similar situation remanded the mater back to....

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....il such cenvat credit. As regards the challan and the invoices in the name of ISD, there are catena of decisions, which take a view that such credit should not be denied to the appellant. Be that as it may, we find that the issue needs to be reconsidered by the adjudicating authority, keeping in mind the ratio that has been laid by tribunal in various decisions. At this juncture, ld. counsel under....