TMI Blog2020 (1) TMI 806X X X X Extracts X X X X X X X X Extracts X X X X ..... CENVAT credit almost in all periods from the quarter of availment of CENVAT credit (October 2013 to March 2014) to the quarter in which the said amount is reversed (October 2016 to March 2017) to cover the said availment of CENVAT credit of ₹ 25,84,886/- which includes the wrongly taken credit of Customs Cess paid amounting to ₹ 1,70,755/- in respect of Bill of Entry No. 9247243 dated 07.02.2013 which the consultant has agreed to pay. The present appeal is allowed by way of remand to the Original Authority to verify the quantum of reversal allegedly made by the appellant amounting to ₹ 24,14,131/- and also to verify whether the appellant had sufficient balance of unutilized amount of CENVAT credit during all the period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed equal penalty under Rule 15(2) of CCR. Aggrieved by the OIO, the appellant filed appeal before the Commissioner (A) who rejected the same. Hence, the present appeal. 3. Heard both the parties and perused the records. 4. Learned Consultant appearing for the appellant submitted that the impugned order is not sustainable in law as the same has been passed without properly appreciating the facts and the law. He further submitted that as soon as the audit pointed out irregular availment of CENVAT credit by the appellant then the appellant voluntarily reversed the credit in his books on 30.01.2017 and subsequently shown the reversal in their ST-3 Returns for the half year and intimated to the adjudicating offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lment of CENVAT credit of ₹ 25,84,886/- which includes the wrongly taken credit of Customs Cess paid amounting to ₹ 1,70,755/- in respect of Bill of Entry No. 9247243 dated 07.02.2013 which the consultant has agreed to pay. Further, I find that out of the total confirmed demand of ₹ 25,84,886/-, the appellant has only furnished the proof of reversal of CENVAT credit of ₹ 24,14,131/- and for the remaining balance, they are liable to pay along with interest. In view of my discussion above, the present appeal is allowed by way of remand to the Original Authority to verify the quantum of reversal allegedly made by the appellant amounting to ₹ 24,14,131/- and also to verify whether the appellant had sufficient balan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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