TMI Blog2015 (7) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the case and the questions of law raised. In such view of the matter, this Court is of the considered view that the matter has to be remanded back to the Tribunal for passing a reasoned order on consideration of the facts in issue. - Matter remanded back - Decided in favour of assessee. - C.M.A. No. 3235 of 2010 - - - Dated:- 2-7-2015 - R. Sudhakar And K. B. K. Vasuki,JJ. For the Appellant : Mr. S. Xavier Felix For the Respondents : Mr. K. Magesh JUDGMENT (Delivered By R. Sudhakar, J.) Aggrieved by the order of the Tribunal in dismissing the appeal filed by it, the appellant/Revenue is before this Court by filing the present appeal. This Court, vide order dated 23.12.2010, while admitting the appeal, framed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 114 ELT Page 51 wherein it was clearly held that four ingredients have to be satisfied for availing Cenvat credit whereas only two have been satisfied by the respondents? 2. The first respondent/assessee is engaged in the manufacture of parts of IC engines falling under Central Excise Tariff heading 8409.91 and 8409.99 of the Central Excise Tariff Act. The first respondent had availed cenvat credit on the strength of the invoices issued in respect of various inputs including Furnace Oil and Super Kerosene Oil and also in respect of capital goods. They availed cenvat credit for payment of duty on the finished goods cleared from their factory. 3. On verification, certain discrepancies were found by the department in the availment of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings, as has been conceded by the learned SDR. For better clarity, the said order is extracted hereinbelow :- Heard both sides. Shri T.H.Rao, learned SDR fairly states that a similar issue has been decided by the Tribunal in favour of the respondents vide Final Order No.475/2010 dated 26.4.2010 in Appeal No.E/362/2009. Accordingly, applying the ratio of the said decision, the Department's appeal is dismissed. 7. Though it is submitted by the learned counsel for the first respondent/assessee that the Department itself has conceded the matter before the Tribunal and, therefore, it is estopped from filing this appeal, this Court, however, is of the considered opinion that even in such a situation, the Tribunal should have given ..... X X X X Extracts X X X X X X X X Extracts X X X X
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