TMI Blog2014 (7) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... rmitted in licence - Held that:- Matter has been settled by the Settlement Commission which was not in dispute. Thereafter, no adjudication took place to prove the charge of suppression. This case is squarely covered by the decision of Indian Oil Corporation (2011 (6) TMI 520 - CESTAT, MUMBAI) wherein this Tribunal has held that as adjudication did not take place therefore, the allegation of suppr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... availed CENVAT Credit on the inputs. During the course of examination it was found that the respondents have imported certain goods duty-free but they failed to fulfill the export obligation. It was also found that they have imported excess inputs as permitted in their licence. Therefore, proceedings were initiated against the respondent. The respondents approached the Settlement Commission and se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue is in appeal. 3. Heard both sides. 4. The learned A.R. submits that in this case it is an admitted fact that the respondent has failed to fulfill the export obligation as well as imported excess quantity of input duty-free as per the revenue. If the investigation was not conducted, this fact would not have been revealed that means there is a suppression of facts by the respondents. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute. Thereafter, no adjudication took place to prove the charge of suppression. This case is squarely covered by the decision of Indian Oil Corporation (supra) wherein this Tribunal has held that as adjudication did not take place therefore, the allegation of suppression of facts inconclusive. In these circumstances, the assessee is entitled to take CENVAT Credit of duty paid. The facts of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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