TMI Blog2015 (12) TMI 1308X X X X Extracts X X X X X X X X Extracts X X X X ..... vailed the credit of the said amount in their ER1 return which is recoverable under Rule 14 of Rules 2004, which provides recovery of Cenvat Credit wrongly taken or erroneously refunded, where the Cenvat Credit has been taken and utilized wrongly or has been erroneously refunded, the same alongwith interest shall be recovered from the manufacture or the provider of the output service. By Interim Order No 226/2015 dtd 1.5.2005 the Tribunal directed the Learned Authorised Representative of the Revenue to place the verification report dtd 7.4.2010 as mentioned in the impugned order, before the Bench. The amount of credit shown against the invoices issued by the service provider listed in the statement attached has been verified and origina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The period of dispute is November 2005 to December 2005. The Adjudicating Authority confirmed the demand of Cenvat Credit alongwith interest and also imposed penalty of equal amount of Cenvat Credit. By the impugned order, Commissioner (Appeals) set aside the adjudication order. 3. The Learned Authorised Representative on behalf of the Revenue reiterates the grounds of appeal. He submits that the respondents have taken Service Tax Credit of ₹ 32,84,076/- in their ST3 return and transferred the said amount to ER1 return and utilized the same for payment of Excise duty but, the respondent had not debited the said amount from the said ST3 return. He submits that at the year end ST3 return and the Service Tax credit receivable ledger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the provider of the output service. By Interim Order No 226/2015 dtd 1.5.2005 the Tribunal directed the Learned Authorised Representative of the Revenue to place the verification report dtd 7.4.2010 as mentioned in the impugned order, before the Bench. The Learned Authorized Representative placed the copy of the report dtd 7.4.2010 of the Asstt. Commissioner of Central Excise, Div. IV, Ahmedabad-II, Commissionerate. It is stated in the said report that the amount of credit shown against the invoices issued by the service provider listed in the statement attached with the letter dtd 26.3.2010 of the Commissionerate (Appeals) has been verified by the office of the and original invoices and found to be correct. The Commissioner (Appeals) pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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