2024 (3) TMI 1169

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..... 24
Central Excise
HON'BLE MR.ASHOK JINDAL, MEMBER (JUDICIAL) And HON'BLE MR.K.ANPAZHAKAN, MEMBER (TECHNICAL) Shri A.K.Prasad, Advocate for Appellant-Assessee Shri S.Mukhopadhyay, Authorised Representative for the Revenue ORDER Per Ashok Jindal : Both sides are in appeal against the impugned order. Accordingly, both are disposed off by a common order. 2. The facts of the case are tha .....

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..... g that the formula adopted of the highest value on inputs cleared is not correct, but the adjudicating authority found that the formula for the purposes of calculation of highest value of inputs is not correct. Therefore, the adjudicating authority, considering the same, has taken an average value of inputs purchased in a particular month and reduced the demand against the appellant accordingly. .....

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..... tention that the Sinter cleared as such, but certain fines remained, which were further sent for processing to their sister unit and they cleared and sent it to the assessee. Therefore, it is not cleared as such, therefore, cenvat credit cannot be demanded and they have paid on the transaction value of the Sinter. 6. On the other hand, the ld.A.R. for the Revenue supported the show-cause notices .....

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..... ee to direct them for reversal on highest value of inputs in a particular month when they were procured, which is not correct. The adjudicating authority cannot improve the case of the Revenue by adopting the decision in the case of LSR Speciality Oil Private Limited (supra) at the stage of adjudication. 10. In that circumstances, we are set aside the charge made in the show-cause notices against .....

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