2013 (8) TMI 230

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.... When this Stay Petition was called, after hearing both sides on the Stay Petition, I find that the issue involved in this case lies in narrow compass. Since the issue lies in narrow compass and is covered by Final Order No.A/1542-1543/WZB/AHD/2012, dt. 22.10.2012, I take up the appeal itself for disposal, after granting waiver of pre-deposit of the balance amounts involved, as the appellants have....

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....ill squarely cover the issue in their favour. 3. Ld.Additional Commissioner (A.R.) submits that the decision taken in the case of Bhim Polyfab Industries is on the identical issue and reiterates the findings of the lower authorities. 4. On perusal of the records, I find that the issue involved in this case is regarding reversal of CENVAT Credit availed by the appellant on an invoice raised b....

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....icals Ltd. - 2008 (225) ELT 513 (Tri-Mumbai). However, during the relevant period, Rule 3(7)(A) of CENVAT Credit Rules does not specifically allow availment of CENVAT Credit of Education Cess. Therefore, the decision of Original adjudicating authority that CENVAT Credit of Education Cess was wrongly availed was correct and the impugned order has to be set aside.    7. I find that no r....

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....ctfully following the decision of this Bench in the case of Bhim Polyfab Industries, I set aside the impugned order and allow the appeal to the extent it is challenged as regards in-eligibility of CENVAT Credit of Education Cess. 7. As regards the interest imposed on the amount which has been taken wrongly by the appellant. I find that the appellant has reversed the CENVAT Credit but is liable ....