TMI Blog2013 (11) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... along with the interest and reflected in the revised return filed with the Department. Prima facie, we find that the ld. Commissioner though did not dispute about the said reversal of the CENVAT Credit wrongly availed by the Applicant, but rejected the payment on the ground that since in the original return, there was no reversal or withdrawal of CENVAT Credit, the subsequent reversal in the revi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CENVAT Credit of Rs.4,35,40,758/- and equal amount of penalty imposed under Rule 15(1) of the CENVAT Credit Rules, 2004 and penalty of Rs.5,000/- under Section 7(1)(b) of the Finance Act, 1994. 2. Ld. Advocate for the Applicant has submitted that the Applicant during the period from October, 2007 to March, 2009 had availed CENVAT Credit on Special Additional Duty of Customs (SAD) which was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eard both sides and perused the records. Prima facie, we find that the principal issue in the present case is recovery of CENVAT Credit wrongly availed by the Applicant on SAD, which was not admissible under Rule 3 of the CENVAT Credit Rules, 2004. The claim of the Applicant is that they had already reversed the said wrong Credit along with the interest and reflected in the revised return filed wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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