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C.C.E. Delhi-III Versus Shri Raj Kumar

2015 (4) TMI 1079 - CESTAT NEW DELHI

Penalty imposed - whether M/s. Satya Metal, Jammu has passed inadmissible Cenvat Credit or not is in dispute? - Held that:- When the issue of M/s. Satya Metal has passed inadmissible Cenvat Credit to the respondent is in dispute. Therefore, no penalt .....

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Ld. Commissioner (A) in the impugned order and same has been set aside and now again in over enthusiasm that order has been challenged before me before attaining finality the issue of inadmissible credit passed by M/s. Satya Metal, Jammu. - Decided .....

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ER ASHOK JINDAL: Revenue is in appeal against the impugned order wherein Ld. Commissioner (A) has dropped the penalty against the respondent. 2. The facts of the case are that the respondent is a second stage dealer who procured goods from one M/s. A .....

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that a unit located in Jammu is required first to utilize the Cenvat Credit lying in their Cenvat Credit account and thereafter paying duty on clearance in DTA and also entitled to claim refund on the duty paid by them and duty paid by them is also .....

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appellant to impose penalty under Rule 26 of the Central Excise Rules 2002 for passing inadmissible Cenvat Credit to the manufacture buyers. The show cause notice was adjudicated penalty was imposed on the respondent which was challenged before the .....

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e said order Revenue is in appeal before me. 3. The Ld. AR submits that the Ld. Commissioner (A) is right in setting aside the penalty imposed on the respondent. In fact, he has to keep in abeyance till the decision in the case of M/s. Satya Metal, J .....

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assed inadmissible Cenvat Credit or not is in dispute. Therefore, the arguments advance by the Ld. AR that inadmissible Cenvat Credit has been passed by the respondent is totally misconceived. When the issue of M/s. Satya Metal has passed inadmissibl .....

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