TMI Blog2013 (10) TMI 1247X X X X Extracts X X X X X X X X Extracts X X X X ..... a bonafide belief about their eligibility for CENVAT credit since during a portion of the relevant period there were contrary views taken by different Benches of the Tribunal which came to be finally decided against the assessee in the case of Vandana Global Ltd. Vs. Commissioner of Central Excise, Raipur [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) ] - the appellant had reversed the CENVAT credit a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rly hearing application was numbered and communicated to the appellant, the stay petition was fixed for hearing on 10/05/2013 in the normal course. However, there was no Bench on 10/05/2013 and therefore the stay application was not heard. Today it is seen that only miscellaneous application has been listed. The stay application has not been listed at all. Since the stay application has been liste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CETH 7306500 of CETA 1985. Scrutiny of records during the course of audit revealed that appellants had wrongly availed CENVAT credit on capital goods/inputs during the period from November 2008 to October 2010. The Revenue entertained that the credit availed was wrong on the ground that plates, angles, channels etc. falling under Chapter 72 of Central Excise Tariff were sued in the supportive str ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n issued. In this case, the appellant was entitled to entertain a bonafide belief about their eligibility for CENVAT credit since during a portion of the relevant period there were contrary views taken by different Benches of the Tribunal which came to be finally decided against the assessee in the case of Vandana Global Ltd. Vs. Commissioner of Central Excise, Raipur [2010(253) E.L.T. 440 (Tri-LB ..... X X X X Extracts X X X X X X X X Extracts X X X X
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