TMI Blog2020 (4) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... es of Cenvat credit reversal by the appellant, the same has not been done by the adjudicating authority in the remand order - No contrary evidence has been produced by the Revenue in their support of their claim that they are required to reverse total amount of Cenvat credit of ₹ 35,06,550/-. The appellant has rightly reversed the amount of ₹ 24,67,690/- - demand of account of reversal Cenvat credit of ₹ 10,38,860/- do not sustain - penalty also set aside - appeal allowed - decided in favor of appellant. - Excise Appeal No. 61572 of 2018 - FINAL ORDER NO. 60256/2020 - Dated:- 6-2-2020 - HON BLE MR. ASHOK JINDAL, MEMBER (JUDICIAL) APPEARANCE: Present for the Appellant: Mr. Puneet Bansal, Advocate Prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... food will be provided at the subsidized rate i.e. 25% of the total food charges. To that extent the appellant has already reversed the Cenvat credit to the tune of ₹ 24,67,690/-. For the remaining credit, it is the submission that the appellant apart from food also provides tea and snacks in morning and evening to the employees for which the appellant does not recover anything from the employees and has borne the total cost of the said items in their own account, therefore, they are entitled to avail the Cenvat credit of the said amount. In these circumstances, the demand made in the impugned order is to be set aside. 4. On the other hand, the learned A.R. reiterates the findings of the impugned order and submits that as in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has not been done by the adjudicating authority in the remand order. Further, I have verified the said figures and a chart of the same is as under: Financial Year Recovery from employees* Applicable rate of tax Credit reversal 2008-09 1,16,26,752 6.18% / 5.15% 6,58,052 2009-10 1,61,94,338 5.15% 7,93,160 2010-11 2,07,53,919 5.15% 10,16,478 * inclusive of tax 24,67,690 On going t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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