2014 (4) TMI 1221

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....pellant- Shri Dhaval Shah, Advocate 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 peru....

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....the stay application the appeal itself is taken up for 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 No....

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....fit under two different notifications or under two different 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 benefi....