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2016 (5) TMI 742 - HC - Central ExciseAdmissibility of Cenvat credit - Two different orders passed by the Tribunal by admitting the Cenvat credit in one and denying in another - Held that:- the order passed by the Tribunal initially is set aside where the Member Judicial and Member Technical disagreed with each other. We would highly appreciate that instead of the appeal going to a third Member and for being heard in its entirety, it is now reheard by the Tribunal's West Zonal Bench afresh. They should, uninfluenced by the earlier findings in the matter, pass fresh order on merits and in accordance with law after hearing both sides. It is clarified that we express no opinion on the rival contentions. - Decided in favour of petitioner
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