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M/s. Bhilosa Text N Twist Pvt. Limited Versus Commissioner of Central Excise & S.T., Vapi

2016 (8) TMI 981 - CESTAT AHMEDABAD

Recovery of interest - non payment/delayed payment of duty - Section 11AB of the Central Excise Act, 1944 - reversed cenvat credit voluntarily on POY lying which were received with out reversal of credit - irregular availment of CENVAT credit and non payment of duty - Held that:- the ld. Commissioner has categorically recorded that all these payments/ reversal of credit by unit 1, Unit 2 and Unit 3 of the Appellant were made after admitting to the contravention of Rule 3(5) of Cenvat Credit Rule .....

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/443/2008 - A/10509/2016 - Dated:- 1-6-2016 - Dr. D.M. Misra, Member (Judicial) and Mr. P.M. Saleem, Member (Technical) For Appellant (s) : Shri Anand Nainawati, Advocate For Respondent (s) : Shri J. Nagori, Authorised Representative ORDER Heard both sides. 2. The brief facts of the case are that on the basis of specific information, investigations were carried out on visiting the premises of the three units of the appellant, namely Unit 1, Unit 2 & Unit 3 on 08/09.02.2005. The said Units ha .....

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fore this Tribunal. As the appellants were not heard properly, this Tribunal remanded the matter to the adjudicating authority for allowing them fresh opportunity of hearing and decide the matter afresh. Accordingly, the ld. Commissioner, after hearing the appellants, adjudicated the Notice by confirming the demand partly, imposed penalty and also with a direction for recovery of interest. Even though the appellant has challenged the said order, the ld. Advocate restricted his arguments before u .....

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CENVAT credit under Rule 3(5) of Cenvat Credit Rules, 2004 on clearances of POY, as such from their respective Units for job work, is incorrect inasmuch as had they followed the alternate procedure prescribed under Cenvat Credit Rules, 2004, namely Rule 4(5)(a), they were not required to pay duty/reverse credit for sending the inputs as such for processing on job work basis. 4. Per-contra, ld. A.R. for the Revenue took us through the findings of the ld. Commissioner recorded at Para 5.3.2 to Pa .....

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