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2016 (2) TMI 847 - BOMBAY HIGH COURT

2016 (2) TMI 847 - BOMBAY HIGH COURT - 2016 (41) S.T.R. 27 (Bom.) - 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 abatement and there is no documentary evidence on record to prove that they had accordingly availed the credit during the impugned period. - Held that:- This fact that the documents a .....

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0-2015 - B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ. ORDER This Court 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 Mirza, learned counsel for the appellant and Shri Dawda with Shri Badar, learned counsel for respondent No. 1 - assessee. Service on Respondent No. 2 is dispensed with. The service of .....

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department approached the CESTAT in further appeal contending that 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 No.1. By the impugned order dated 30.03.2012, the CESTAT has in para 6 observed that Respondent - assessee was not put to notice on the question whether they had claimed Cenvat credit .....

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