9911796707
TMI Blog2018 (2) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER The brief facts are that the appellants are manufacturers of bulk drugs and had availed the facility of cenvat credit of duty paid on inputs. The appellant cleared certain inputs "as such" during the period November 2011 to December 2013 and instead of reversing the credit availed on inputs, removed as such, they paid duty on transaction value for the inputs cleared as such. Thus the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Cenvat Credit Rules, 2004. Instead, by a wrong interpretation of the provision, the appellants paid duty on the transaction value for the inputs cleared as such. In fact by adopting this method, the appellant had paid excess duty of Rs. 1,02,279/-. The Show Cause Notice has been issued to recover this excess duty paid by the appellant alleging that the appellant has passed on wrongful cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... availed on the inputs when inputs are removed as such, the appellant has paid the duty on transaction value on them. By this method they have actually paid excess duty amount. The Show Cause Notice has been issued alleging that by such payment of duty they passed on ineligible credit. Such view taken by department is mystifying. Since the appellant is not contesting the duty demand or interest th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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