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Commissioner of Central Excise & Customs, Nagpur Versus M/s. H.T. Associates, Nagpur & Anr.

2016 (2) TMI 847 - BOMBAY HIGH COURT

Availing cenvat credit while availing the benefit of abatement notification - CESTAT while deciding the issue in favor of assessee observed that, assessee was not put to notice on the question whether they had claimed Cenvat credit for claiming the a .....

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arned counsel submits that there was no specific notice in this respect to the assessee. In addition he also points out that the appellant was duty bound to point out to CESTAT a notification dated 28.07.2010 which exempted a contractor engaged in a .....

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t while issuing notice in the matter on 25.06.2015 noted specific contention of the department that necessary documentary evidence was already on record and still CESTAT failed to look into it. In the light of this order, we have heard Shri Firdos Mi .....

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ability of assessee, are the facts which are not in dispute. After said initial quantification, the assessee approached the Commissioner of Sales Excise (Appeals) at Nagpur and the appellate Authority by order dated 30.11.2010 brought down the demand .....

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the issue of abatement for Cenvat credit already taken on account of input/ input service was not properly addressed to. Thus, the department was not satisfied with the order of the Appellate Authority, which scaled down the liability of Respondent N .....

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record to prove that they had accordingly availed the credit during the impugned period. Shri Mirza, learned counsel submits that all documents are already on record. This fact that the documents are already on record is not disputed by the assessee. .....

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r engaged in a contract covered thereunder, from payment of service tax. The said notification came to the knowledge of the assessee later on and, therefore, the assessee did not and could not question the adverse finding of the Appellate Authority b .....

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