2007 (12) TMI 40

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....ing both sides, we find that the appeal itself can be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit, we take up the appeal. 2.  In the impugned order, ld. Commissioner denied CENVAT credit of CVD of over Rs. 1.5 Crores as also Education Cess thereon, to the appellants and also imposed on them a penalty of Rs. 10 lakhs. The period of dispute is December, 20....

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.... and Education Cess. In the impugned order, ld. Commissioner has held that such availment of credit was not permissible without support of specific Rules. 3.  Identical issue was considered by this Bench vide Final Order No. 962/07, dated 1-8-07 in appeal No. E/799/06[2007 (217) E.L.T. 562 (Tri.)]of the same assessee for the period January-November, 2005. In that case, after considering the ....

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..... 96/04-Cus. as also Board's circulars in clarification thereof. Hence we reject this objection. The second ground raised in the impugned order for denying the benefit to the appellants is that they were not possessed of any of the documents specified under Rule 9(1) for the purpose of availing the above credit. Ld. Commissioner has not accepted the relevant Bills of Entry for the said purpose. He....

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....duly verified by the proper officer of customs and certified by him. The credits in question are of the amounts of debits recorded in the Bills of Entry and certified by the proper officer. It is not in dispute that a Bill of Entry is one of the documents specified under Rule 9(1) of the CCR 2004 for the purpose of availment of CENVAT credit. We, therefore, hold that the appellants are entitled to....