TMI Blog2010 (1) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order (Oral)]. - This is an appeal against the order of Commissioner Appeals) No. 85/CE/CHD/2008 dated 25-1-2008. 2. Heard both sides. 3. The appellant removed some quantities of inputs on which credit was taken after reversing the Cenvat credit availed on the said inputs in terms of Rule 3(5) of the Cenvat Credit Rules, 2004. The original authority held that while, they received the inputs a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side by the Tribunal vide Final Order No. 1213/09-SM(BR) dated 17-9-09 2010 (250) E.L.T. 529 (Tribunal) and the decision of the Commissioner (Appeals) the case of M/s. J.S. Khalsa Steel Pvt. Ltd. stands set aside by Final Order No.1264/09-SM(BR) dated 1st July, 2009 [2010(17) S.T.R. 517 (Tri.-Del.)]. He seeks setting aside the present impugned order as well. He also relies on the decision of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as mentioned above holding that in such a situation in the absence of express provisions for reversing the credit of Service tax attributable to input services associated with the inputs, the question of reversal of credit of Service tax did not arise. It has not been shown that the said orders of the Tribunal have been appealed against and that any stay has been obtained. 7. In view of the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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