9911796707
TMI Blog2019 (2) TMI 1224X X X X Extracts X X X X X X X X Extracts X X X X ..... The issue involved in the present case is that whether appellant have correctly availed the cenvat credit on the invoices issued by 100% EOU as per the formula prescribed in Rule 3(7) of Cenvat Credit Rules, 2004. 2. Sh. S.J. Vyas Ld. Counsel appearing on behalf of the appellant submits that the appellant have aggrieved that the credit was not taken as per formula prescribed, however the formu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is an apparent error in applying the formula on the following counts as submitted by the appellant: a) The credit availed by the appellant is wrongly reported in Annexure-A. The credit of 2% Ed. Cess +1% Ed. Cess which is part of the CVD is correctly taken as the credit under the head of the BED in accordance with the said payment made by M/s Reliance Industries Ltd as BED which is wrongly report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The lower authority submits that the judgments relied upon the by the appellant only by saying that facts are different, however, nothing was discussed how the facts in the relied upon judgments and of this case are different. In view of the above position, the matter needs to be re-considered, accordingly, the impugned order is set aside. The appeals are allowed by way of remand to the adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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