2014 (11) TMI 795

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....esh Jain,   DR ORDER Per R K Singh The appellants have filed this application along with their appeal No. ST/57027/2013-Cu(DB) against the impugned Order-in-appeal No. 385/ST/APPL/NOIDA/12 dated 26.12.2012 which upheld the O-in-O No. 16/Addl. Commr/Noida/2012-13 dt. 24.8.2012. The said O-in-O disallowed the Cenvat credit amounting to Rs. 40,83,776/- and ordered recovery alongwit....

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....pellants during the period 7.8.08 to 31.8.2010. 3. The appellants have contended that the so called debit notes have all the requisite information and therefore Cenvat credit should be allowed on the strength thereof. They cited judgment in the case of CCE, Salem vs. M/s. Pallipalayam Spinners (P) Ltd. [2010-TIOL-1723-CESTAT-MAD] in their support. They also showed copies of the debit notes to s....

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....bsp;     Provided that if the said document does not contain all the particulars but contains the details of duty or service tax payable, description of the goods or taxable service, assessable value, Central Excise or Service tax Registration number of the person issuing the invoice, as the case may be, name and address of the factory or warehouse or premises of first or secon....