2007 (4) TMI 423

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....icant) have filed applications for settlement for the proceedings initiated vide SCN C. No. IV-CE(9)CP/147/03 dated 26-12-2005 issued by the Additional Commissioner (AE), Central Excise, Noida. 2. The facts in brief are that the main applicant is engaged in manufacturing of Two Wheelers i.e., Motorcycle falling under sub-heading 8711.00 of the First Schedule to the Central Excise Tariff Act, 1985. On an information about wrongful availment of Cenvat credit, the Central Excise Officers visited the applicant's factory on 19/20-12-2003 and resumed relevant documents for scrutiny. The enquiry indicated that the main applicant had availed Cenvat credit on some fixed assets such as machinery and current assets such as parts and components....

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....earing for the applicants narrated the brief facts. He assured that the date of filing the appeal against Order-in-Original would be reported in writing on 4-4-2007 itself. This was done vide Advocate's letter dated 4-4-2007 which conveyed that the appeal was filed on 1-2-2007. It was pleaded that as the applicants have admitted the allegations along with complete duty liability, the case may also be taken up for final orders today. The Advocate submitted that the main applicant was always having a credit balance of Cenvat from April 2001 to March 2003 which was much higher than the total demand of duties in the SCN and at no point of time such balance was less than Rs. 38 Lakhs during the entire period. He requested for the admission of th....

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.... Total 945862.45 Pertaining to the year 2003 Date of Reversal Amount of Reversal 22-6-2004 142913.18 22-6-2004 57864.83 21-3-2005 96488.28 22-6-2005 61657.24 21-3-2005 110204.83 22-6-2005 157854.28 21-3-2005 428360.55 Total 1055343.19 Further, the applicant has debited Rs. 3,36,822/- on 31-3-05 in RG23A Part II and Rs. 9,553.42 on 1-2-07 in PLA. Thus in total the applicant has paid/reversed Rs. 38,38,230.47 being the total duty demanded in the above said SCN. The officers visited the factory on 19/20-12-2003 and the SCN was issued on 26-12-2005. 6. Taking into account the overall facts and circumstances as also the fact that the amount of Rs. 3,01,358/- was also depos....