TMI Blog2008 (7) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... vocate, for the Appellant. Shri Sameer Chitkara, SDR, for the Respondent. [Order].- M/s Genus Electrotech Ltd. are engaged in the manufacture and clearance of Colour TV, Washing Machine etc. They filed refund claim of Rs.6,29,068/-. The appellants are availing benefit of Notification No.39/01-C.E., dt.30.1.07 which provides for refund of duty paid from PLA subject to conditions prescribed therein. It was noticed by the Range supdtt. that in Oct. Nov.05, the appellant had availed cenvat credit on HSD oil amounting to Rs.6,29,068/- which was not admissible. The appellant paid this amount by TR-6 challan No.005 dt.8.2.06 and interest vide TR-6 challan no.066 dt.7.3.06. They filed a refund claim on the ground that they had made the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hose to make payment through PLA while Range supdtt. had informed them that the cenvat credit taken by them on HSD oil during Oct. Nov.'05 was irregular. There is no dispute that credit was taken wrongly. However, instead of reversing the credit in the cenvat register, when it was pointed out by the Range Supdtt., the appellant made the payment in cash. If they were to reverse the credit, automatically utilization of cenvat credit for payment of duty would have come down to that extent and payment through PLA would have gone up correspondingly and the appellant would have got the refund under Notification No.39/01. Another mistake made by the appellant was to make a separate claim for the amount paid by them in Feb'06 equivalent to the ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be sanctioned. Since the appellant also did not object and the department also accepted that the payment of this amount through PLA towards duty was towards reversal of cenvat credit now there is no alternative but to regularize the transactions by taking remedial steps in accordance with Rules. It is only fair that the appellant have to reverse the cenvat credit in the cenvat credit account and pay interest leviable till the date of reversal separately by cash. By doing so, the appellant and the department would have implemented the rules properly. Learned advocate Shri Narasimhan fairly admitted that they would not claim limitation and they will reverse the cenvat credit and pay the interest in cash separately which will entitle them f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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