TMI Blog2012 (12) TMI 914X X X X Extracts X X X X X X X X Extracts X X X X ..... not have ISD registration and did not issue invoices to the manufacturing units to enable them to avail CENVAT credit - Decided in favour of assessee. - E/450 to 452/2012 - STAY ORDER NO.819-821/12 - Dated:- 6-12-2012 - P G Chacko And Mathew John, JJ. For the Appellant : Shri R Parthasarathy, Adv. For the Respondent : Shri P Arul, Superintendent (AR) Per: P G Chacko: These applications filed by the appellant seek waiver of predeposit and stay of recovery in respect of CENVAT credit of Rs.25,99,401/- denied to them and a penalty of Rs.72,000/- imposed on them. The CENVAT credit in question was taken by the Ambattur Unit of the appellant-company. There were five input services covered by those invoices. The input services w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R 46 (Tri. - Ahmd.) Secondly, it is submitted that, if the appellant had been registered as an ISD during the material period, the credit could not have been denied to them on any other ground. In other words, as all the substantive requirements for availment of CENVAT credit have been met by the appellant, the entire credit is admissible to them. Finally it is submitted that a major part of the impugned demand is barred by limitation. It is submitted that the relevant show-cause notice was issued on 26.4.2011 long after the material facts were gathered by the departmental auditors themselves. It is submitted that all the necessary particulars required to be furnished in the periodical returns were furnished and these include the amounts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant-company under cover of valid invoices issued by the service providers were shared by the four manufacturing units. It is not in dispute that any amount of CENVAT credit in excess of what was mentioned in the relevant invoices was not taken by any of the units. The only irregularity found by the Department is that the Head Office of the company did not have ISD registration and did not issue invoices to the manufacturing units to enable them to avail CENVAT credit. The learned counsel for the appellant has invited our attention to the case of Parekh Plast (supra) wherein a defect of this nature was held to be curable and condonable. In that case, the invoices were raised in the name of Head Office and not in the name of any input se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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