TMI Blog2017 (6) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... ded in favor of assessee. - E/21572/2014-SM - 20858/2017 - Dated:- 9-6-2017 - Shri S. S. Garg, Judicial Member Mr. M.S. Nagaraja, Adv For the Appellant Mr. N. Jagadish, A.R. For the Respondent ORDER Per: S. S. Garg The present appeal is directed against the impugned order dated 31.01.2014 passed by the Commissioner (Appeals) whereby the Commissioner (Appeals) has rejected the appeal of the appellant on account of time bar. 2. Briefly the facts of the present case are that the appellants are engaged in the manufacture of copper rods falling under Chapter 74 of the CETA 1985 and are availing the benefit of Cenvat credit under Cenvat Credit Rules 2004. During the course of audit of the records by CAAP Audit tea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the reversal of credit and payment of interest was done at the instance of the Audit party and the Audit party had given the direction without proper verification. He further submitted that the original authority after due verification of their balance-sheet for the year 2008-09 had come to the conclusion that the appellant had not claimed depreciation. He further submitted that the demand of Cenvat credit and interest on the wrong direction of the Audit party cannot be treated as payment of duty and that such payments are in the nature of deposit pending adjudication and in this case, there was no adjudication and appropriation of deposit against the confirmed demand. In support of his submission he relied upon the following decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ennai [2007(213)ELT 280(Tri-Bang)] 4) Miles India Ltd Vs Asstt Collector of Customs [1987(30)ELT 641(SC)] 5) Agro pack Vs CCE Surat-II [2009(238) ELT 750 (Tri-Ahmd) 6) CCE Raipur Vs Manorath Builder (P) Ltd [2010(18)STR 453(Tri-Del)] 7) Benzy Tours Travels Pvt Ltd Vs CST Mumbai [2016(43)STR 625(Tri-Mum)] After considering the submissions of both the parties and perusal of the records, I find that the Cenvat credit was reversed at the instance of the Audit party. Further the interest was also paid on the direction of the Audit party. The Original Authority after verification of the records, has come to the conclusion that the appellant had not claimed depreciation and therefore the appellant was not require ..... X X X X Extracts X X X X X X X X Extracts X X X X
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