2010 (4) TMI 281

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.... present appeal and emanating from the record, are that the respondent-assessee M/s Neel Kanth Rubber Mills (for short "the assessee") was manufacturer of T.R. Belting and Conveyor Belting and was availing the Cenvat credit of duty on inputs, under the Cenvat Credit Rules, 2002. During the course of audit of the records, it was noticed by the officers of the department that the assessee had imported certain raw material under the Duty Entitlement Pass Book (for brevity "the DEPB"), on which additional duty of customs i.e. CVD had been debited from DEPB account and had not been paid in cash. 3. The revenue claimed that since the assessee wrongly availed the Cenvat credit, so, a show cause notice (Annexure A1) was issued to it (assessee), ....

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.... the noticee vide C.No.V(30)D/NK/72/05/13876-77 Dated 02.12.2005. 2. I sanction refund claim of Cenvat Credit of Rs.1,55,599/- (Rs.1,52,548/- CVD + Rs.3,051/- Education Cess) to the noticee by way of credit in their Cenvat Credit account. 3. I sanction refund claim of Rs.15,200/- by way of Cheque on account of interest deposited by the noticee on 20.08.2005." 6. Aggrieved by the order (Annexure A2), the assessee filed the appeal, which was accepted by the Commissioner (Appeals), vide order dated 9.6.2006 (Annexure A3) and set aside the duty of demand and penalty. However, the appeal filed by the revenue against the order of Assistant Commissioner (Annexure A2/1), was rejected, vide order dated 1.11.2007 (Annexure A3/1). 7. Again....