2013 (7) TMI 639

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.... nor there is any application for adjournment. With the assistance of Revenue appeal was taken up for disposal since notice was issued on 3rd June, 2013 adjourning the matter to 26.6.2013. 2. Precisely allegation of Revenue as is apparent from the show cause notice reads as under: Whereas, since CENVAT on yarn was allowed only from 1.4.2003, therefore, CENVAT was not admissible on the inputs....

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....has taken credit twice on 17651.52 kg of material [Grey Twisted W.I.P. (9882.00KG) +Grey twisted Finish Stock (143.84kr) + Dyeing W.I.P. (6777.41KG) + Dyeing Finish Stock (848.27 kg) = 17651.52 kg] first, by taking credit on POY contained with Grey Taxturised Yarn lying in W.I.P. and Grey Texturised yarn lying as finished Stock and secondly, by also taken credit of the duty paid on the same quanti....

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....Credit amounting to Rs.3,45,199/- [BED Rs.1,84,711/- + SED (T&TA) Rs. 44,705/- + NCCD Rs. 2,462/-] during April, 2003 and as such they have contravened the provisions of rule 9A of the Cenvat Credit Rules, 2002. The excess Cenvat Credit amounting to Rs.3,45,199/- Is liable to be recovered from them under the provisions of rule 12 of the Cenvat Credit Rules, 2002. 3. Learned D.R. says that no....