9911796707
TMI Blog2013 (7) TMI 717X X X X Extracts X X X X X X X X Extracts X X X X ..... in that case, the Principal Bench has themselves granted unconditional stay on identical goods which were used for fabrication of machinery – On bonafide belief as well as on merit, the appellant has a strong prima facie case, hence the Stay Petition be allowed – Also, view has not been negated by lower authorities, nor any contrary evidence is produced - Appellant can avail the CENVAT Credit of the items like M.S. plates, round bars and pipes – Stay granted - Waiver of pre-deposit allowed - Decided in favor of Assessee. Limitation - Credit was availed by the appellant in February, April and June 2009 while the show cause notice has been issued on 06.09.2011, which was received by the appellant on 26.09.2011 - Show cause notice is hit b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r CENVAT Credit and draws my attention to the show cause notice and submits that the credit was availed by the appellant in February, April and June 2009 while the show cause notice has been issued on 06.09.2011, which was received by the appellant on 26.09.2011. It is her submission that the show cause notice is hit by limitation, in as much as the appellant has always informed the Department about CENVAT Credit having been availed by them, For the proposition that the appellant had a bonafide belief and had taken the credit, she would rely upon the Stay Order of this Bench in the case of HNG Float Glass Ltd. Vs CCE Vadodara - No.S/2563/WZB/AHD/2012, dt.12.12.2012 and submit that it is a stay order passed in identical situation by Division ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vidence is produced. I also find that the appellant had taken the CENVAT Credit in the months of February, April and June, 2009 of these items and during the period, many decisions of the Tribunal were holding the field which held that the appellant can avail the CENVAT Credit of the items like M.S. plates, round bars and pipes. Proposition of the ld. Counsel that the assessee had a bonafide belief cannot be faulted with at least at this juncture. I also find strong force in the contentions of the ld. Counsel that the Division Bench of this Tribunal in the case of HNG Float Glass Ltd vide Stay Order dt.12.12.2012, in an identical situation, granted an unconditional stay on limitation as well as on merit. I also find that the Stay Order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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