2006 (1) TMI 40

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....der] - Heard both sides. 2. The assessee is in appeal aggrieved by Order-in-Appeal passed by the Commissioner (Appeals), Central Excise, Mumbai-III, who has disallowed the Modvat credit to the tune of Rs. 1,10,910.16 (Rupees One Lakhs Ten Thousand Nine Hundred Ten and Paise Sixteen only) availed by the assessee. 3. The appellants were inter alia engaged in processing of goods on job work bas....

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.... Mumbai-III Commissionerate on adjudication of the Show-Cause-Notice, confirmed the demand and order the recovery of Cenvat credit while imposition of equal amount of penalty and interest. On filing of appeal by the assessee, the Commissioner (A), Central Excise, Mumbai while confirming the payment of duty, rejected the appeal filed by the assessee. It is contended by the appellants before the Com....

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.... deposit which has been collected from the assessee and incidence of the duty not passed on to any other person, he is entitled for refund claim. This procedure can not be followed in the instant case as it pertains to reversal of credit which has been erroneously done without knowing the legal position. It is only a adjustment of amount. The credit has been voluntarily reversed and later it was t....