TMI Blog2015 (10) TMI 1331X X X X Extracts X X X X X X X X Extracts X X X X ..... xtent of only ₹ 27,53,997/-. The same was paid by the appellant promptly on 04.9.2008 much before the issue of Show Cause Notice dt 12.11.2009. The difference in the amount of duty demand of ₹ 32,19,567/- in the Show Cause Notice and actual amount of ₹ 27,53,997/-, subsequently found to be payable, indicate that there was a confusion even in the mind of Department regarding metho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant against OIA No. SKSS/248/SURAT-II/2010 dt 23/12/2010. 2. Sh. R.H. Shah (Manager) of the appellant argued that a Show Cause Notice dt 12/11/2009 was issued to the appellant, inter-alia, demanding reversal of improperly taken Cenvat Credit of ₹ 32,19,567/-. That the credit was improperly calculated as per Rule 3(7) of Cenvat Credit Rules, 2004 due to misunderstanding in the trade. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sides and perused the case records. Appellant took a credit of ₹ 32,19,567/- as per his misunderstanding of Rule 3(7) of the Cenvat Credit Rules, 2004, as per prescribed farmula. However the same was found to be admissible to the extent of only ₹ 27,53,997/-. The same was paid by the appellant promptly on 04.9.2008 much before the issue of Show Cause Notice dt 12.11.2009. The differen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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