2007 (6) TMI 340

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....Appellant. Shri K. Sambi Reddy, JDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T)]. -  This appeal has been filed against the Order-in-Appeal No. 5/2005-C.E., dated 31-1-2005 passed by the Commissioner of Central Excise (Appeals), Bangalore. 2. The appellants opted to avail the benefit of Notification No. 9/2003-CE dated 1-3-2003 from the beginning of the finan....

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....redit contravening Rule 12 of Cenvat Credit Rules, 2002. Therefore, he demanded an amount of Rs. 1,87,674/- along with interest. The appellants approached the Commissioner (Appeals). The Commissioner (Appeals) upheld the Order-in-Original. The appellants have come before this Tribunal challenging the impugned order. 3. Shri Rajesh Chander Kumar, the learned Advocate, appeared for the appel....

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....rds payment of duty. (iii)   The appellant, by having resorted to pay the duty at the merit rate, had in effect discharged duty in excess of its liability and thus, the duty paid in excess is refundable in law. That such duty paid in excess instead of being refunded cannot be said to recoverable from the appellant. (iv)   There is no loss of revenue and hence the question....

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....nancial year;" In the present case, after having exercised the option, the appellants are entitled to clear goods at concessional rate of duty of 9.6% till the value   of   clearances   exceed   rupees   hundred   lakhs.   But,   the appellants, even before reaching the value of clearances of rupees hundred lakhs, c....