2014 (10) TMI 877

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....ECHNICAL MEMBER For the Petitioner : Sri Pankaj Kr. Agarwal, C.A. For the Respondent : Sri S. Chakraborty, D.C. (A.R.) ORDER PER DR. D.M. MISRA This is an application filed seeking waiver of CENVAT Credit of Rs. 3.48 Crores and equal amount of penalty imposed under Rule 15 read with Section 11AC of CEA, 1944. 2. At the outset, the Ld. Chartered Accountant for the applicant submit....

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.... hence, CVD paid later against the said imported goods and cleared for home consumption would not make them eligible to take CENVAT Credit in the year 2012.Further, he has reasoned that certificate issued by the Deputy Commissioner (Customs), cannot be considered a valid document under Rule 9 of CENVAT Credit Rules, 2004. 3. The Ld. Advocate made a categorical statement that the goods imported ....

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....he Ld. Chartered Accountant and placed before this Tribunal in support of the same, earlier were not placed before the Ld. Commissioner. He submits that these facts should be verified and he has no objection for verification of the same. 5. After hearing both sides for some time, we find that the appeal itself could be disposed off at this stage. Accordingly, after waiving the requirement of pr....