TaxTMI 
TaxTMI 
TaxTMI 
2018 (4) TMI 1022
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....erest claimed by them. Since both the appeals are interconnected they are being disposed of by this common order. 3. Heard both the sides and perused the records. 4. On perusal of the records it transpires that an issue was raised against the appellant in respect of the MODVAT credit claimed by appellant with the department. The issue travelled up to the Tribunal and the Regional Bench at Kolkata by final order No. A335/KOL/2011 dated 04/11/2011 decided the issue. The said order the bench in paragraph No. 6.6 had summarized the issue in the form of a table which is reproduced herein below. Sl. No. Credit balance lying unutilized on 15/16-3-1995, and said to be attributable to Amount claimed by Tata in April, 1995 Amount claimed by Tat....
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....d the refund claims by recording that the appellant-assessee had conceded not to claim this amount from the department. Aggrieved by such an order an appeal was filed before the first appellate authority who also did not agree with the contentions raised by the appellant and rejected the appeal. 7. Learned Counsel appearing for the appellant took me through the entire case records and the order of the Tribunal after reading of the table reproduced herein above as also paragraph No. 13 of final order of Tribunal, he submits that the Tribunal's order is stating clearly that the appellant is entitled for the refund of accumulated credit. It is his submission that against the order of the Tribunal Revenue preferred an appeal before the Hon....
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....allowed in the impugned order, he would not make a claim for this amount since the issue is contentious and would require detailed arguments and consideration of various issues. Having regard to the fact that this dispute is already fifteen years old and it would be better to make an attempt to close the issue, he is proposing this. Therefore, we are required to consider the claim for the balance amount under three heads only viz. inputs lying in stock, inputs contained in work in process lying in stock and inputs contained in forgings and springs. accordingly we will proceed to consider these items one by one [emphasis supplied] 11. It can be seen from the above reproduced paragraph as regards item No. 3 and 4 a submission was made by the....