TMI Blog2014 (10) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the matter back to the adjudicating authority for reconsideration in view of provisions of Rule 7C of the Rules and after verification of the records. This has to be done as ld. Advocate has contended that they have actually taken cenvat credit of 50% on capital goods but due to mistake it was shown as 100% - Adjudicating authority shall pass order within three months from the date of issue of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50% of cenvat credit on capital goods, he did not pass order. 3. Ld.Advocate submitted that during the course of audit of records of the appellant, it was found that they have wrongly availed 100% cenvat credit on capital goods in their ST-3 returns. Rule 4(2) (a) of Cenvat Credit Rules, 2004 provided that the cenvat credit in respect of capital goods received in the premises of provider of out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... angalore-2011 (23) STR 369 (Tri.-Bang.) wherein similar circumstances, the matter was remanded to the adjudicating authority for reconsideration. On the basis of above judgement, ld.Counsel requested the matter may be sent back to the adjudicating authority for reconsideration and verification of their submissions relating to actual taking of cenvat credit of 50% though it was shown due to mistake ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve actually taken cenvat credit of 50% on capital goods but due to mistake it was shown as 100%. 6. Adjudicating authority shall pass order within three months from the date of issue of this order after affording a reasonable opportunity of producing records and hearing both sides. 7. Appeal is allowed by way of remand. (dictated Pronounced in the open court) - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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