2018 (11) TMI 460

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....Addl. Commissioner (AR) for the Respondent ORDER Brief facts are that the appellants are engaged in manufacture of fuel injection pump, injector, holder assembly, filter assembly etc. They are availing the facility of CENVAT credit on inputs, capital goods and input services. Show cause notices were issued for the period January 2015 to June 2015 and July 2015 to April 2016 alleging wrongful a....

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....ubmitted that in the recent circular No. 1065/4/2018-CX dated 8.6.2018, the Board has clarified that if the goods are to be delivered on FOR basis, the decision in M/s. Roofit Industries Ltd. reported in 2015 (319) ELT 221 (SC) would be applicable and that the benefit of credit would be eligible for the appellant. 3. The ld. AR Shri A. Cletus supported the findings in the impugned order. He adver....

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.... to various circulars of the Board, since the decision of the Hon'ble Apex Court is binding, I am of the view that credit is not admissible. 6. The ld. counsel has argued that the issue was interpretational and had reached to the Hon'ble Apex Court and therefore the penalty imposed is unwarranted. Taking note of the fact that there were several litigations pending before various High Courts and t....