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Commissioner, Central Excise, Customs & Service Tax, Bilaspur Versus M/s. Ultratech Cement Ltd., Chhattisgarh.

2016 (4) TMI 106 - CHHATTISGARH HIGH COURT

Remand orders - CENVAT credit denied - Held that:- Any order of the Court or Tribunal amenable to appeal or revision and scrutiny by a superior Court was required to contain the necessary facts involved in the case, stand taken by both the parties, t .....

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parties afresh and pass a reasoned and speaking order. - Tax Case No. 17 of 2015 - Dated:- 25-8-2015 - SHRI NAVIN SINHA, CHIEF JUSTICE AND SHRI P. SAM KOSHY, J. For the Petitioner : Shri Maneesh Sharma, Advocate. For the Respondent : Shri Raja Sharm .....

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nal, New Delhi (hereinafter referred to as 'the CESTAT').1 2. We have heard Learned Counsel for the parties. 3. The order under appeal simply states that the issue stands covered by plethora of earlier decisions on the point of limitation. Th .....

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. It then decides that the Appellant had taken a categorical stand that most of the items were used for fabrication of capital goods in which case Cenvat Credit cannot be denied. It then abruptly concludes that the Tribunal in the list of cases menti .....

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ase. 4. In Tax Case No. 48 of 2012 (Union of India v. M/s. Harshad Thermic Industries Pvt. Ltd) a Division Bench had observed that any order of the Court or Tribunal amenable to appeal or revision and scrutiny by a superior Court was required to cont .....

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raph 10 as follows: "10. Coming now to the facts of the case, we find that learned Member of the Tribunal did not advert to any of these well settled principles while passing the impugned order because (1) it did not mention the facts of the cas .....

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cable to the facts of the case and (6) why the issue is decided in a particular manner in favour of one party and against other by the Tribunal and lastly the Tribunal did not assign any reason and nor any decision of Apex Court or High Court was rel .....

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