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2016 (11) TMI 184 - CESTAT AHMEDABAD

2016 (11) TMI 184 - CESTAT AHMEDABAD - TMI - Cenvat Credit - 100% EOU - Rule 3(7)(a) of Cenvat Credit Rules 2004 - Held that: - I find that the dispute to be redressed is the eligibility of Cenvat Credit amount of ₹ 4,05,206/- and ₹ 1,82,136/-. The appellant's claim is that the said demand is on account of wrong calculation and application wrong rate of duty. The Ld Commissioner (Appeal) in the impugned order has observed that the said issue has not been raised before the Adjudicatin .....

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Credit amount of ₹ 4,05,206/- and ₹ 1,82,136/- matter remanded - appeal disposed off. - Appeal No. E/13380/2013 - ORDER No. A/10900 / 2016 - Dated:- 1-9-2016 - Dr. D. M. Misra, Hon'ble Member (Judicial) For Assessee : Shri M Gandhi, Chartered Accountant For Revenue : Shri L Patra, Authorised Representative ORDER Per : Dr D.M. Misra, Heard both sides and perused the records. 2. This is an appeal filed by the appellant against of OIA-SRP-111-DMN-2013-14 dt 25.6.2013 passed by the C .....

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ce was issued to them on 19.10.2011 for recovery of the said credit alongwith proposition for imposition of penalty. On adjudication, the demand was confirmed and penalty of equal amount imposed. Aggrieved by the said order, the appellant preferred an appeal before the Ld commissioner (Appeal), who modified the Order by reducing the demand to ₹ 5,87,352/- and penalty to ₹ 5,87,352/-. Hence, the present appeal. 4. The Ld Advocate, Shri Nainavati for the appellant submitted that even t .....

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