S. Muralidhar, J.

1. ST Appeal No.23 of 2015 by N.F. Impex Pvt. Ltd. (NFIPL) is directed against the impugned order dated 6th August 2014 passed by the Appellate Tribunal Value Added Tax (‘ATVAT’) for the assessment year (‘AY’) 2008-09. ST. Appeal No.5 of 2015 is by Jagriti Plastics Ltd. (JPL) and is directed against the order dated 11th August 2014 passed by the ATVAT for AY 2007-08.

2. The common question of law that arises in both the appeals as framed by this Court (by its order dated 6th May 2014 in ST Appeal No. 23 of 2015 and 14th July 2015 in ST Appeal No. 5 of 2015) is whether the Appellant Assessees are entitled to input tax credit on purchase of duty entitlement pass book (‘DEPB’) scrips?

3. The second issue that arises as a corollary of the first above mentioned issue is whether the Appellant Assessees in both cases are liable to pay penalty under the Delhi Value Added Tax Act, 2004 (DVAT Act)?

4. Both the Appellants, who are registered dealers under the DVAT Act, are engaged in the business of import and sales of goods. While NFIPL is engaged in import of sale of ferrous and non-ferrous metals, JPL is engaged in the trading of imported chemicals, plastic dana an