9911796707
TMI Blog2012 (10) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... arte, Advocate, for the Respondent. [Order per : S.S. Kang, Vice-President]. - Heard both sides. 2. Revenue filed this application for stay of operation of the impugned order. 3. We find that the issue involved in this appeal is already settled by the decision of this Tribunal in the case of Progressive Systems v. Commissioner of Central Excise, Bangalore reported in 2010 (251) E.L. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal filed by the Revenue was dismissed by the Hon'ble Karnataka High Court. The Hon'ble Karnataka High Court has held as under :- "It is not in dispute that the assessee registered under Rule 9 of the Central Excise Rules, 2002 on 16-4-2007, which is a condition precedent for utilizing the Cenvat credit. It is also not in dispute that the assessee availed Cenvat credit during the period 2006-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistration, in the subsequent year, they have utilized the entire Cenvat credit which was standing to their credit. Therefore the finding of the Assessing Officer as well as the First Appellate Authority that they could not have utilized 100% credit is erroneous. The Tribunal was justified in setting aside the said irregularity and allowing Cenvat credit to the assessee in the next year of its ava ..... X X X X Extracts X X X X X X X X Extracts X X X X
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