2011 (3) TMI 1125

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.... Per Mathew John: The Appellants are manufacturers of products of iron and steel falling under Heading Nos. 7311, 7326 and 8708 of the Central Excise Tariff. They were receiving raw material like M.S. rounds from different suppliers and taking Cenvat credit of duty paid on such raw material. One such supplier of raw material was M/s HBR Steel Corporation, Gali No.2, Sunder Singh Market, Gill ro....

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.... above said duty amount, interest payable on the amount and a penalty equal to the said duty amount. 2. Aggrieved by the adjudication order, the Appellant filed first appeal with the Commissioner (Appeal) who did not give any relief. Aggrieved by the order of the Commissioner (Appeal) the Appellant is before this Tribunal. 3. The case of the Appellant is that the impugned goods were received....

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....e department against the supplier. This claim of return of the goods in itself supports the case of the department that the credit was fraudulent when seen with the other attendant circumstances. It is also to be noted that the goods are M.S. rounds for manufacturing products under tariff items 7311, 7326 etc. wherein rejection of raw material on quality disputes normally does not occur. It is als....

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....use if this is not done, it will amount to recovering the amount twice from him for which there is no justification. An argument was raised in the First Appeal about interest payable on the ground that section 11AB was not applicable prior to 11-05-2001. This argument has not been dealt with in the first appellate order. Prior to 11-05-2001 section 11AA was applicable for payment of interest. Unde....