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TMI Blog2008 (3) TMI 593X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. [Order]. - After hearing both the sides and on perusal of the record, I find that the issue involved in this case is in narrow compass and therefore, after granting the stay applications, the appeals are being taken up for hearing. 2. The issue involved in this case is as to whether the Cenvat credit is admissible on Bill of Entry wherein duty has been paid through DEPB Scheme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; Continental Foundation Jt Venture v. CCE, Chandigarh-I - 2007 (216) E.L.T. 177 (S.C.) (d) Gopal Zarda Udyog v. CCE, New Delhi - 2005 (188) E.L.T. 251. 4. The learned DR on behalf of the Revenue reiterates the finding of the Commissioner (Appeals). He submits that the appellants never declared to the Department that they had taken inadmissible credit on such docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... through DEPB Scheme. It has been alleged that as per para 4.3 of Exim Policy, the benefit of Cenvat credit is not admissible paid through DEPB. It has also been alleged that the Bill of Entry was endorsed by the importer without having registration of Central Excise as dealer. It has further been alleged that the fact of having Cenvat credit for inadmissible documents was never disclosed to the De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the decision of the Larger Bench). The Hon'ble Supreme Court in the case of Continental Foundation Jt. Venture (supra) held that when the correctness of judgment by CESTAT was decided and the matter was referred to the Larger Bench, extended period for limitation not available and demand of duty is not justified. I also notice that Show Cause Notice does not indicate specifically the suppress ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n be taken on the CVD by debit in the DEPB. It is noted that the said decision was later followed by the Division Bench of the Tribunal in the case of Spic Ltd. v. CCE, Chennai reported in 2004 (61) RLT 671 (Tri.). The matter was referred to the Larger Bench. In the case of Essar Steels Ltd. (Supra), the Larger Bench decided the issue against the assessee. Thus, it cannot be said that the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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