TMI Blog2018 (7) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... this judgment of the Tribunal has been disapproved by the Hon’ble Calcutta High Court in the case of Surya Alloy Industries Ltd. v. Union of India [2014 (9) TMI 406 - CALCUTTA HIGH COURT] - credit cannot be denied - appeal allowed - decided in favor of appellant. - Ex. Appeal No.75154/16 - FO/A/76042/2018 - Dated:- 9-5-2018 - SHRI P. K. CHOUDHARY, JUDICIAL MEMBER Shri B. N. Chattopadhyay, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that they had already reversed the Cenvat credit of ₹ 1,90,643/- along with interest and believed that they were eligible to avail credit of the remaining amount. The adjudicating authority confirmed the demand of ₹ 4,11,066/- along with interest and imposed equal amount of penalty. The Commissioner (Appeals) upheld the adjudication order. Hence, the present appeal. 3. Hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the findings of the lower authorities. 6. It is pertinent to note that the judgment of Tribunal in the case of Vandana Global Ltd. reported as 2010 (253) ELT 0440 Tri.-LB had held that the definition of inputs does not include cement, angles, Ex.3 Appeal No.75154/16 TMT bars, etc. However, this judgment of the Tribunal has been disapproved by the Hon ble Calcutta High Court in the case of Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CE reported as 2010 (254) ELT 3 (SC), wherein the assessee had failed to identify the machinery for which the input goods had been used. However, this decision of the Hon ble Supreme Court is not applicable to the instant case. 9. In view of the above discussion, the appeal filed by the appellant is allowed. (Pronounced in the open Court on 09.05.2018) - - TaxTMI - TMITax - Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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