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TMI Blog2015 (1) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... eir mistake M/s. IMIL paid the duty along with interest are not in dispute. In these circumstances, the allegation of suppression of facts, fraud, collusion or any wilful misstatement are not sustainable. Therefore, as M/s. IMIL have paid duty along with interest of their own. In these circumstances, we hold that M/s. IIL is entitled to take credit of the duty paid by M/s. IMIL on oxygen gas durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Vishal Agarwal, Advocate, for the Appellant. Shri S.G. Dewalwar, Addl. Commr. (AR), for the Respondent. ORDER Appellant M/s. Ispat Industries Ltd. has filed these appeals along with co-appellant against the impugned orders denying the Cenvat credit taken by them and imposition of penalty. 2. The brief facts of the case are that M/s. Ispat Industries Ltd. was initially having t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued by M/s. IMIL, M/s. IIL took the Cenvat credit of the same. Thereafter, in the month of August, 2001 an investigation was carried out in the premises of the appellant and it was revealed that during the period October, 2000 to March, 2001, the oxygen gas manufactured by M/s. IMIL was delivered to M/s. IIL without any cover of invoice and M/s. IIL had recorded in their statutory records that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... March, 2001 on realizing their mistake M/s. IMIL paid the duty along with interest are not in dispute. In these circumstances, the allegation of suppression of facts, fraud, collusion or any wilful misstatement are not sustainable. Therefore, as M/s. IMIL have paid duty along with interest of their own. In these circumstances, we hold that M/s. IIL is entitled to take credit of the duty paid by M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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