2014 (8) TMI 774

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..... Ram, Commissioner (AR) JUDGEMENT Per: Ashok Jindal: The appellant is in appeal against the impugned order wherein demand of Rs. 10,96,41,251/- has been confirmed against them on account of wrongful availment of Cenvat Credit alongwith interest and equivalent amount of penalty. 2. The brief facts of the case are that appellant imported H.R. Carbon Steel Plates through Bill of Entry No. 829881 .....

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..... ssed. 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 .....

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..... and submits that the appellant is a manufacturer of HR Mild Steel and the impugned goods are H.R. Carbon Steel Plates, therefore, these goods are not required for the appellant as input moreover these goods were not issued for production at all as per their production slips. He further submits that these goods have been cleared showing description in the invoice HR MS, therefore, by no stretch of .....

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..... 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 appella .....

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..... stances, we hold that the duty paid by the appellant at the time of clearance of these goods by reversal of Cenvat Credit amounts to non availment of the Cenvat Credit of the said goods. Therefore the impugned order is not sustainable. 7. With these observation, the impugned order is set aside, appeal is allowed with consequential relief if any. (Pronounced in court)
Case laws, Decisions, Ju .....

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