TMI Blog2015 (10) TMI 1788X X X X Extracts X X X X X X X X Extracts X X X X ..... t running into a few lakhs and therefore even if credit has been availed more than what was availed it was basically a calculation mistake or an error of understanding of the provisions and therefore mandatory penalty could not have been imposed. He agrees that appellant has no problem in paying the differential amount if on remand it is found that CENVAT credit taken as per the formula is more th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J. For The Appellant : PRADYUMNA G.H For The Respondent : R. Gurunathan ORDER In all these appeals, the issue involved is common and therefore all the appeals are taken together and a common order is being passed. In the impugned order, the demand for excess availed CENVAT credit has been confirmed in respect of inputs received from 100% EOU during the material periods. These de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid by the 100% EOU. It is the appellants contention that it denotes the BCD leviable on like goods if imported into India. CENVAT credit calculated on this basis by the party was higher than what would be permissible on the basis of contentions of the Revenue. 3. Heard both the sides in detail. I find as submitted by the learned counsel, the correct formula had been indicated in the order i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than the amount of credit taken, the matter has to be remanded. 3.2 The learned counsel also would submit that in respect of two demands, suppression has been invoked and submits that appellant is a big manufacturer registered with LTU and paying crores of duty in revenue and would not be resorting to avail excess CENVAT credit running into a few lakhs and therefore even if credit has been avai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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