2014 (11) TMI 390

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....) ORDER Per: Mr. H.K. Thakur; This stay application is filed by the appellant for staying the operation of OIA No.VAD-EXCUS-001-APP-500-13-14, dt. 18.11.2013 under which first appellate authority has upheld the OIO No.12/DEM/JC/D-II/2013, dt. 16.05.2013 passed by the adjudicating authority. The issue involved in the present appeal is whether appellant can take suo moto credit of the Cenv....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bai in the case of M/s. Nocil Vs. CCE, Belapur [2014-TIOL-203-CESTAT-MUM] to support appellant's contention that Cenvat Credit reversed by the assessee can be taken as re-credit without following the provisions under Section 11B of the Central Excise Act, 1944. He also relied upon the following case laws:           (i) ICMC Corporation Ltd., Chennai ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Kinariwala (A.R.) appearing on behalf of the revenue argued that the appellant cannot take suo moto credit and the provisions contained in Section 11B of the Central Excise Act, 1944 are required to be followed for taking any credit. Ld. A.R. therefore defended the order passed by the lower authorities. 4. Heard both sides and perused the case records. It is observed from the order passed by t....