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TMI Blog2013 (11) TMI 1157X X X X Extracts X X X X X X X X Extracts X X X X ..... micals. In terms of their agreement with M/s. Johnson Matthey Chemical India (P) Ltd., they were manufacturing the Catalyst and Chemicals for M/s. Johnson Matthey Chemical India (P) Ltd. out of the raw materials supplied by them. M/s. Johnson Matthey Chemical India (P) Ltd. imported certain capital goods during the period from July, 2008 to Jan. 2009 and sent those capital goods to the appellant's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and along with interest and imposed penalty of equal amount on the appellant. On appeal being filed to the Commissioner (Appeals), this order of the Asstt. Commissioner was upheld vide order-in-appeal dated 25.10.2012 against which this appeal has been filed along with stay application. 2. Heard both sides in respect of stay application. 3. Shri R. Santhanam, ld. Counsel for the appellant, plead ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted un-conditional stay, that same view has been expressed by Bangalore Bench of the Tribunal in the case of Azko Noble Coatings (India) Ltd. reported in 2013 (290) ELT 108 wherein the Tribunal held that when the goods imported had been received in the appellant's factory under an endorsed bill of entry, the cenvat credit cannot be denied, that the appellant have a strong prima facie case and, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een able to establish strong prima facie case in their favour. On the issue of limitation also, she pleaded that the appellant have suppressed the relevant facts from the department and hence, longer limitation period had been correctly invoked. Accordingly, she pleaded that this is not case for waiver from the requirement of pre-deposit. 5. I have considered the submissions from both the sides i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking the cenvat credit. I am of the view that so long as there is no dispute that the goods covered under a bill of entry have been received by a manufacturer, it would not be correct to deny the cenvat credit. In view of this, I am of the view that the appellant have a prima facie case in their favour. The requirement of pre-deposit of cenvat credit demand, interest thereon and penalty is waiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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