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TMI Blog2018 (1) TMI 769X X X X Extracts X X X X X X X X Extracts X X X X ..... a) but, also to apply his mind with regard to the requirement of Section 14AA of the 1944 Act on the basis of the materials made available by the petitioner/assessee which gave ample evidence of the fact that there were no reasons to believe that the credit availed of had exceeded the outer limit - stay granted Let the matter next appear under the same heading ‘Court Application’ at the top on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 14AA of the Central Excise Act, 1944 (for short, the 1944 Act) shall not be carried out in respect of the transactional years 1999 to 2005. (b) Assailing the order dated 15th December, 2005, the petitioner/assessee arrived before this Court by way of a Writ Petition being WP No.2269/2005. (c) By the order dated 6th December, 2016 the Hon ble Court was pleased to notice that und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bligations specified in the order dated 6th December, 2016 (supra) but, also to apply his mind with regard to the requirement of Section 14AA of the 1944 Act on the basis of the materials made available by the petitioner/assessee which gave ample evidence of the fact that there were no reasons to believe that the credit availed of had exceeded the outer limit. (f) Referring to the Discussion an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made available to him disputing any contravention of Section 14AA of the 1944 Act. (i)With regard to his second argument, Mr.Raghavan draws the attention of this Court to a paragraph of the Discussion and Findings (supra) of the Commissioner vide the order dated 6th June, 2016 which reads as follows : I am also inclined to go with observations of the Hon ble High Court, Calcutta and I do b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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