TMI Blog2016 (7) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... e audit which was conducted in November 2007 and it came to the knowledge of the Department during that time regarding irregular availment of cenvat credit - Decided partly in favor of appellant. - E/2091/2011 & E/2092/2011-SM - Final Order Nos. 20494 - 20495/ 2016 - Dated:- 29-6-2016 - SHRI S.S GARG, JUDICIAL MEMBER Shri S.R. Madhava Murthy, Consultant, For the Appellant Shri Pakshi Rajan, AR, For the Respondent ORDER Per: S.S GARG Both these appeals are directed against the common Orders-in-Appeal passed by the Commissioner (Appeals) vide his order dated 28.12.2010 upholding the Order-in-Original. Since both the appeals relate to a common issue, therefore both the appeals are being disposed of by this order. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Twenty Three only) and on Invoice 6075 dated 18.10.2006 on the basis of triplicate copies of the invoices sent by the supplier since the original and duplicate copies were lost during transit and with regard to the demand of ₹ 61,114/- (Rupees Sixty One Thousand One Hundred and Fourteen only) the appellant has admitted the irregularly availed credit and reversed the same on their own before being pointed out by the audit party. The adjudicating authority appropriated the demand reversed by the appellant and also demanded the interest and imposed equal penalty. Thereafter the appellant filed the appeal before the Commissioner (Appeals) who rejected the appeal of the appellant and confirmed the Orders-in-Original. 2. Heard both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t objection. He also submitted that cenvat credit was only a book entry without utilizing the same, therefore no interest is payable. On the other hand the learned AR reiterated the findings of the Commissioner (Appeals). 4. On perusal of the record, I find that the appellant has specifically taken the ground that out of the amount of duty confirmed to the tune of ₹ 27,673/- (Rupees Twenty Seven Thousand Six Hundred and Seventy Three only) the appellants have sufficient records to prove that with regard to few invoices he has sufficient document to prove that he has rightly availed the credit but at the instance of the audit party he reversed the same and the learned Commissioner (Appeals) has not considered this submission at all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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