2007 (11) TMI 297

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....vocate, for the Respondent. [Judgment per : K.L. Manjunath, J.].- This appeal is filed by the revenue, challenging the order passed by the CESTAT in Final Order No. 371/2007, dated 20-3-2007. 2. The brief facts are; The respondent-assessee had availed Cenvat credit on the use of LDO for the purpose of generating power through a generator. On the ground that the respondent had suppressed t....

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....on of the assessee, the Assessing Officer passed an order disallowing the entire Cenvat credit and also imposed penalty and recovery of interest. This order was challenged by the assessee before the Commissioner of Income Tax in Appeal No. 46/2006. This appeal was allowed in part. Being not satisfied by the order passed by the Appellate Commissioner so far as partly rejecting the claim of the asse....

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....o the show cause notice. In the reply to the show cause notice, the specific ground was that he did not violate the terms and conditions of the Cenvat credit, in view of the order of amalgamation passed by the High Court Delhi in Company petition No. 301 and 302/2001 with effect from 1-4-2001. As a matter of fact, winding up proceedings was also enclosed with the reply. When two companies were ama....