TMI Blog2017 (3) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... later through cash on 02.04.2009? - Held that: - the duty amount which was paid earlier by reversing the CENVAT Credit Account, on found to be irregular, when paid subsequently through cash, it is an adjustment of book entry and accordingly, the appellant are eligible to take credit of the amount of ₹ 10,25,541/- in their CENVAT Credit Account paid/reversed earlier - refund allowed - appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The said duty was paid by debiting their CENVAT account. Later on being pointed out by the department that payment through CENVAT credit Account was not correct, equal amount was paid in cash alongwith interest against TR-6 Challan No. 01/2008-09 dated 02.04.2009. Thereafter, they have filed a refund claim to restore the CENVAT credit of ₹ 10,25,541/- debited earlier. A show cause notice w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut, it was to regularise the debits made earlier in their CENVAT Credit Account for clearance of the imported raw-material. It is his contention that since the equivalent credit was paid through cash; hence, it is a question of adjustment of entries in the relevant books of accounts and hence the Ld. Commissioner(Appeals) has rightly allowed their Appeal. In support, he has referred to the judgeme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersing the CENVAT Credit Account, on found to be irregular, when paid subsequently through cash, it is an adjustment of book entry and accordingly, the appellant are eligible to take credit of the amount of ₹ 10,25,541/- in their CENVAT Credit Account paid/reversed earlier. I do not find any discrepancy in the said reasoning of the Ld. Commissioner (Appeals), in view of the judgement in CEAT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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