TMI Blog2017 (7) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... ties as ordered by the original authority - Held that: - we find no flaw in the contention of Revenue that the credit lying in balance after adjustment of the duty on the unsold stock would no longer be available to the respondent - it is also seen that there is no evidence that the respondent had utilised credit after 9th July 2004. Indeed, it is inconceivable that this should have been so for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as, on appeal by M/s Kennington Fabrics Pvt Ltd, set aside the order of the original authority confirming demand of ₹ 18,61,362, being CENVAT credit availed/utilised between 9th July 2004 and 7th December 2005, interest thereon, and imposing penalty of like amount under rule 27 of Central Excise Rules, 2002 and rule 13 of CENVAT Credit Rules, 2002. In addition, the original authority had dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity has held otherwise. 3. Heard the Learned Authorised Representative. None appeared for the respondent. 4. On a careful perusal of the records, we find no flaw in the contention of Revenue that the credit lying in balance after adjustment of the duty on the unsold stock would no longer be available to the respondent. However, it is also seen that there is no evidence that the respondent h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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