TMI Blog2014 (8) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... essee has cleared the goods as such by reversal of the Cenvat Credit under Rule 3(5) of the Cenvat Credit Rule 2004, no inquiry has been conducted at the end of the buyer and it has also not ascertained from the records that under which invoice the credit has been taken on the said goods. Further, we find that it is not alleged that the appellant has not reversed the Cenvat Credit availed on the said goods. In these circumstances, the allegation of the department that the appellant has imported the said goods for trading activity and not sought any permission for their trading activity is not acceptable. Therefore, the said goods were cleared as such by reversal of the Cenvat Credit as per Rule 3 (5) of the Cenvat Credit Rules 2004, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore they are not entitled to take Cenvat Credit on the said goods. Accordingly, show cause notice was issued to deny the Cenvat Credit on the said goods along with interest and imposition of penalty. The show cause notice was adjudicated and impugned order was passed. Aggrieved from the said order, appellant is before us. 3. Shri M.H. Patil Ld. Counsel for the appellant appeared and submits that in this case the appellant is manufacturer of HR MS Plates. The appellant imported the said goods for rolling purpose to reduce the thickness of the same and thereafter to clear in the market, after doing the process of manufacturing after importation of the said goods. The appellant was not able to process the goods for quality reasons / ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said goods which the appellant shows is HR MS Plates but the invoice clearly indicates that they have reversed the credit taken on the said goods under Rule 3(5) of the Cenvat Credit Rules 2004. This discrepancy came to the knowledge during the course of audit conducted in the factory of the appellant. When a invoice showing that the assessee has cleared the goods as such by reversal of the Cenvat Credit under Rule 3(5) of the Cenvat Credit Rule 2004, no inquiry has been conducted at the end of the buyer and it has also not ascertained from the records that under which invoice the credit has been taken on the said goods. Further, we find that it is not alleged that the appellant has not reversed the Cenvat Credit availed on the said go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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