TMI Blog2004 (2) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... hri L. Narasimha Murthy, JDR, for the Respondent. [Order per : G.A. Brahma Deva, Member (J)]. After hearing for some time with reference to the stay petition filed by the party, we find that the matter itself can be disposed of on limited issue. Accordingly the appeal was taken for regular hearing with the consent of both sides. 2. Shri Joseph Vellapally, learned Sr. Advocate appearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lled or used in the manufacture on or before 1st April, 2000. They further stated that it was only after the introduction of Rule 57AC(2)(c) that the assessee was entitled to Cenvat credit in respect of goods in question though not yet installed, provided, the assessee would avail only 50% of the Cenvat credit during the year 2000-2001 under the said Rule. 3. Shri Joseph Vellapally strongly cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e denying the benefit of Cenvat credit. He submitted that clarification given in the Circular is in favour of the assessee. 4. Shri L. Narasimha Murthy, learned JDR for Revenue contended that the short point to be considered in this case is whether the party is entitled the benefit of Cenvat credit to the extent of 100% or 75%. Further he submitted that no finding has been given by the adjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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