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M/s. IDMC Limited Versus Commissioner of Central Excise & S.T., Vadodara

2015 (10) TMI 1190 - CESTAT AHMEDABAD

Denial of CENVAT Credit - Imposition of penalty - Held that:- Commissioner (Appeals) observed that there was no challenge to the wrong availment of the CENVAT credit by the appellant. Therefore, the grounds advanced by the appellant in their appeal b .....

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vocate submits that they have taken the issue of non-utilisation of CENVAT credit before the adjudicating authority. In my considered view, the Commissioner (Appeals) should have examined the additional grounds in the memorandum of appeal placed befo .....

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e Respondent : Shri Alok Srivastava, Authorised Representative Per : Mr. P.K. Das; These appeals are arising out of a common order and therefore, all are taken up together for disposal. 2. The appellants are engaged in the manufacture of excisable go .....

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nd Shri Arun Godawat, Assistant Manager of the assessee. In the show cause notice dated 11.02.2008, the learned Advocate fairly submits that they are not contesting the demand of duty which they have already paid. It is contended that the credit was .....

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e submits that they have made elaborate submission before the Commissioner (Appeals) that the amounts were not utilised. It was also contended that Shri Arun Godawat is an employee of the Company and imposition of penalty is not warranted. 3. Learned .....

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