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2015 (10) TMI 883 - CESTAT MUMBAI

2015 (10) TMI 883 - CESTAT MUMBAI - 2015 (40) S.T.R. 1095 (Tri. - Mumbai) - Rectification of mistake - CENVAT Credit - Held that:- As regards the CENVAT credit availed on the basis of certificates of service providers, the ld. Counsel has shown us letter dt. 13.11.2009 submitted in reply to the show cause notice dt. 19.10.2007. It clearly indicates that the letters obtained from the service providers were submitted under the said letter dt. 13.01.2009. Further, this letter is shown received by S .....

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sought to be availed on the basis of these certificates. - Rectification denied. - Application No. ST/ROM/94412/2015-Mum, Appeal No. ST/200/2010-Mum - Misc. Order No. M/4636/2015-WZB/STB - Dated:- 17-8-2015 - P S Pruthi, Member (T) And Ramesh Nair, Member (J) For the Appellant : Shri S Thirumalai, Adv For the Respondent : Shri K M Mondal, Spl Counsel ORDER Per P S Pruthi This ROM application is filed by Revenue on two grounds namely: - There is an apparent error in the Tribunal order dt. 27.01. .....

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M/s Deloitte & Touch Assurance & Enterprise Risk Service India Pvt. Ltd. The certificates which have been submitted now by the respondent for verification were not presented by them before the adjudicating authority and not discussed in the Orders-in-Original as well. Another certificate was issued by M/s Blue Dart after 9/10 years of the issue of the invoices. In the 5th Certificate date of issue of certificate is not mentioned. Hence, the verification does not lead to the conclusion t .....

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