2012 (5) TMI 523

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ndent (AR), for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - The prayer is to dispense with the condition of pre-deposit of Rs. 2,44,78,395/- and penalty of equal amount which stands confirmed against the applicants by denying them the benefit of CENVAT credit availed during the period December, 2006 to November, 2008. 2. After hearing both sides, we find that the applicant .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Rule 9 of CENVAT Credit Rules, 2004 the prescribed document for availing credit, bill of entry stands specified as one of the eligible documents. However, there is nothing in the said rules to suggest as to whether an endorsed bill of entry is eligible document neither is there any provision debarring availment of CENVAT credit on the basis of endorsed bills of entries. However, we find that an i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eir duty-paid character, their utilisation in the manufacture of the final product and payment of duty on the final product. As such, in our view, denial of substantive benefit, if otherwise available to the applicants, on the hyper-technical procedural violation is not justified. We also take note of the Tribunal's decision in the case of Commissioner of Central Excise and Customs, Vadodara-II v. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X