TMI Blog2018 (9) TMI 1186X X X X Extracts X X X X X X X X Extracts X X X X ..... e view that the error needs rectification and the ROM on this count is allowed. The appellant has also brought to the notice of the Tribunal that in respect of credit to the tune of ₹ 30,192/-„ the appellant had reversed voluntarily the credit on 30.3.2013 before utilization. That the Tribunal did not consider this issue and required to set aside the penalties on this count. ROM Applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39; and this was followed by observing that the impugned order is set aside allowing the appeal of the appellant. Instead of holding that the disallowance of credit is 'unjustified', the Tribunal has by typographical error held that the disallowance of credit is justified. In para 7 of the ROM application, it is stated that the appellant had voluntarily reversed an amount of ₹ 30,19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of credit to the tune of ₹ 30,192/- the appellant had reversed voluntarily the credit on 30.3.2013 before utilization. That the Tribunal did not consider this issue and required to set aside the penalties on this count. The decision in the case of Commissioner of Central Excise Vs. Strategic Engineering (P) Ltd. - 2014 (310) ELT 509 (Mad.) holds that in case the assessee reverses th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its, if any, as per law . 7. Prior to the above sentence, the following sentence may be added:- In respect of credit to the tune of ₹ 30,192/- relating to club or association service for availment of membership in Madras Gymkhana Club, the appellants are not contesting the demand but prays to set aside the penalty, as the appellants have reversed the credit Following the decision in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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