2013 (11) TMI 1255

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....OCATE For the Respondent: SHRI S.MISRA, A.R.( ADDL. COMMR.) ORDER Per Dr. D. M. Misra; This is an Application seeking waiver of CENVAT Credit of Rs.4,35,40,758/- and equal amount of penalty imposed under Rule 15(1) of the CENVAT Credit Rules, 2004 and penalty of Rs.5,000/- under Section 7(1)(b) of the Finance Act, 1994. 2. Ld. Advocate for the Applicant has submitted that the Applic....

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....der the relevant Rule of the Service Tax Rules, 1994. 3. Ld. AR for the Revenue reiterated the findings of the ld. Commissioner. 4. Heard both sides and perused the records. Prima facie, we find that the principal issue in the present case is recovery of CENVAT Credit wrongly availed by the Applicant on SAD, which was not admissible under Rule 3 of the CENVAT Credit Rules, 2004. The claim of....