TMI Blog2017 (9) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... T OF INDIA], has ruled that if Cenvat credit is availed and the same is reversed before utilization of the same then it will amount as if Cenvat credit was not availed - Cenvat credit was reversed on 01/03/2011 and therefore, the said Cenvat credit of ₹ 31,31,991/- was not availed by the respondent as on 02/03/2011 - appeal dismissed - decided against Revenue. - E/59567/2013-EX[SM] - Final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Channel, H.R. Plates, G.C. Sheets, etc. The said Show Cause Notices were adjudicated through Order-in-Original No. 12/2013 13/2013 both dated 19/02/2013. The respondents had submitted before the Original Authority on 01/03/2011 that they had reversed Cenvat credit to the tune of ₹ 18,08,321/- towards Central Excise duty, ₹ 36,185/- towards Education Cess ₹ 18,102/- towards Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at credit of ₹ 31,31,991/- the same amount is appropriated against the demand raised by the Show Cause Notices on the said items. Being aggrieved by the said order Revenue is in appeal before this Tribunal. 3. The contention of Revenue in the grounds of appeal is that the intention of Id. Commissioner (Appeals) was to confirm the said demand of ₹ 31,31,991/- and appropriate the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and the same is reversed before utilization of the same then it will amount as if Cenvat credit was not availed. Applying the said ruling in the present cas91 find that Cenvat credit was reversed on 01/03/2011 and therefore, I hold that the said Cenvat credit of ₹ 31,31,991/was not availed by the respondent as on 02/03/2011. Therefore, I order for modification of impugned Order-in-Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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