Gujarat High Court High Court

M/S vs Unknown on 28 April, 2011

Gujarat High Court
M/S vs Unknown on 28 April, 2011
Author: Akil Kureshi,&Nbsp;Ms Gokani,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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TAXAP/2262/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

TAX
APPEAL No. 2262 of 2010
 

With


 

TAX
APPEAL No. 2263 of 2010
 

 


 

 
=========================================================

 

M/S
AKSHAR CHEM (INDIA) LTD. - Appellant(s)
 

Versus
 

COMMISSIONER
OF CENTRAL EXCISE - Opponent(s)
 

=========================================================
 
Appearance
: 
MR
DK TRIVEDI for
Appellant(s) : 1, 
MR KALPESH N SHASTRI for Opponent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MS JUSTICE SONIA GOKANI
		
	

 

				Date
: 28/04/2011 

 

 
 


 

ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)

Tax
Appeals are admitted for consideration of following substantial
questions of law:

“A. Whether
steel items like Angles, Channels, Beams, HR Coils, Joist, Box Pipes
etc. were covered under the Cenvat Credit Scheme and whether the
decision of the Tribunal in denying the cenvat credit of duties paid
on these steel items to the appellant is correct in the facts and
circumstances of this case ?

B. Whether
notification No.16/2009-CE (NT) dated 7.7.2009 thereby inserting
certain exclusions in Explanation-2 to Rule 2(k) of Cenvat Credit
Rules, 2004 was prospective or this conclusion was clarification and
hence applicable for past period also ?

To
be heard with Tax Appeal No.2264 of 2010.

(Akil
Kureshi, J.)

(Ms.Sonia
Gokani, J.)

(vjn)

   

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