2014 (4) TMI 1221

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.... For the Respondent- Shri Alok Srivastava, A.R. JUDGMENT Per:  Mr. M.V. Ravindran; When this stay petition was called out, we find that the appeal itself could be disposed of at this juncture hence, after allowing the application for the waiver of pre-deposit of amounts involved, we take up the appeal for disposal. 2. Heard both sides and perused the records. 3. On perusal of the reco....

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.... final disposal. It is the case of the revenue that once appellant was availing the benefit of Notification No.5/2006-CE then Cenvat Credit should not have been taken.  Alternately, it can also be viewed that once appellant started taking Cenvat Credit then benefit of Notification No.5/2006-CE was not admissible.  If the benefit of Notification No.5/2006-CE was not admissible then appell....

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....headings, he can claim more beneficial one and it is the duty of the Government to grant such benefit to applicant, who is entitled to such benefit. In the case of M/s. Indian Petrochemicals (supra), the Hon ble Supreme Court was of the view that if two exemption notifications are applicable in a given case, the assessee may claim benefit of the notification, which was more beneficial. Further, in....