TMI Blog2017 (12) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... his fact has not been specifically brought to the notice of the Department - demand upheld - appeal allowed - decided in favor of Revenue. - E/CROSS/56/2008 in E/498/2007-DB E/498/2007-DB - Final Order No. 23155 / 2017 - Dated:- 14-12-2017 - Shri S.S Garg, Judicial Member And Shri V. Padmanabhan, Technical Member Mr. Parasivamurthy, AR For the Appellant Mr. N. Anand, Advocate For the Respondent ORDER Per : V. Padmanabhan The present appeal has been filed by Revenue against the Order-in-Original No.01/2007 dated 27.2.2007. The respondent has also filed Cross Objection. 2. The assessee is engaged in the manufacture of insulated copper strips (enameled), insulated aluminium strips, bare copper strips, etc., falling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the demand of irregularly availed CENVAT credit but the same was ordered to be appropriated out the amount already paid at the rate of 10% of the value of the exempted goods by the assessee in terms of Rule 6(3)(b) of CENVAT Credit Rules, 2004. Aggrieved by the impugned order, Revenue has filed the present appeal contending that the adjudicating authority erred in denying the CENVAT credit of about ₹ 95 lakhs but should have approved the reversal of an amount at the rate of 10% made by the assessee in terms of Rule 6(3)(b) of CENVAT Credit Rules, 2004. 3. In the Cross Objection filed by the assessee, they have contended that an amount at the rate of 10% of the value of exempted products cleared, has already been reversed by them. F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority, while confirming the demand of about ₹ 95 lakhs, has ordered for appropriation of the same from the total amount already reversed by them. We find no infirmity in the stand taken by the adjudicating authority. In fact, after deducting the irregularly availed CENVAT credit of about ₹ 95 lakhs, the assessee will be entitled to the refund/re-credit of the balance amount reversed and it is ordered accordingly. 5. The assessee has argued that there has been no suppression and the entire demand deserves to be set aside. We find that CENVAT credit has been availed on copper which has been received by the assessee and meant exclusively for use in the manufacture of exempted products. Since this fact has not been specifically b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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