TMI Blog2016 (4) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... A) ibid. In the interest of justice, the order passed by the first appellate authority is set aside and the matter is remanded back to the adjudicating authority for verifying the CENVAT Credit reversed by the appellant under the provisions of Rule 6(3A) ibid. If there is any short payment as accepted by the appellant then the same should be reversed/paid back alongwith interest. However, no malaf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Consultant appearing on behalf of the appellant submitted that earlier a common appeal No. E/404/2014 was filed by the appellant against Order-in-Appeal dated 1/3/2011. As a result of objection raised that for each Order-in-Original, a separate appeal is requires to be filed, appellant filed appeal No. E/502/2011-E/503/2011 which effectively mean that only two appeals are required to be decided. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to furnish C.A. Certificate regarding reversal of credit under the provisions of Rule 6 (3A) of CENVAT Credit Rules, 2004. Ld. C.A. produced such certificates separately for the financial years 2008-2009 and 2009-2010.It was argued that during the year 2008-2009, appellant was required to reverse CENVAT Credit of ₹ 1,41,782/- against ₹ 1,49,642/- already reversed. For the year 2009- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicating authority therefore, the same cannot be accepted as appropriate credit reversal of amounts under the provisions of Rule 6 (3A) of the CENVAT Credit Rules, 2004. 4. Heard both the sides and perused the case records. The issue involved in the present proceedings is whether appellant has correctly reversed CENVAT credit as per the provisions of Rule 6 (3A) of the CENVAT Credit Rules 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no malafide can be attributed on the part of the appellant as reversal of CENVAT Credit as per the provisions of Rule 6 (3A) of CENVAT Credit Rules is only a calculation exercise for which penalties are not imposable. Accordingly, the penalties imposed by the adjudicating authority upon the appellant are set aside. 5. Appeals filed by the appellants are allowed by way of remand to the adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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