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K.K. Nag Ltd. Versus Commissioner of Central Excise

2016 (7) TMI 349 - CESTAT BANGALORE

Cenvat Credit - discrepancy in duty paying documents - levy of interest and penalty - appellant on his own reversed the credit inadvertently availed - extended period of limitation - Held that:- appellant has specifically taken the ground that 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 and has not given any findings - matter .....

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nsultant, 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. Briefly the facts of the present case are that the appellant is engaged in the manufacture of Poly Styrene Products falling und .....

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2006) and cenvat credit to the extent of ₹ 61,114/- (Rupees Sixty One Thousand One Hundred and Fourteen only) (availed during October 2006 to June 2007). On being pointed out by the department the appellant reversed the entire irregular credit. Thereafter two show-cause notices were issued. The appellants replied the show-cause notice and explained that out of the 11 invoices, the credit availed in Invoice No. 582 dated 3.11.2005 relates to the invoice being lost in transit and the supplie .....

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lier 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 .....

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mitted that out of the total amount of duty confirmed in Appeal E/2091/2011 amounting to ₹ 27,673/- (Rupees Twenty Seven Thousand Six Hundred and Seventy Three only), out of this demand a credit of ₹ 1,572/- (Rupees One Thousand Five Hundred and Seventy Two only) was availed based on the copy of invoice duly certified by the Superintendent of Central Excise having jurisdiction. Similarly an amount of ₹ 21,423/- (Rupees Twenty One Thousand Four Hundred and Twenty Three only) and .....

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ct was observed by the audit in November 2007 whereas the notice was issued only on 25.03.2009 based on the same audit 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/- .....

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