2007 (12) TMI 86

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s been confirmed upon the appellants herein on the ground that they had wrongly availed this amount of Cenvat credit in contravention of Rule 3(5) of the Cenvat Credit Rules, 2004 by clearing inputs as such from their factory without reversing the credit, during the month of February, 2005. 2. I have heard both sides. 3. The appellants had paid duty on higher value (including value of fitmen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... and Cenvat credit availed thereon is required to be reversed. My view finds support from Tribunal's Order No. CII/4270/WZB/2002 dated 16-12-2002-2003 (161) E.L.T. 1027 (Tri.) in the case of TELCO Ltd. v. CCE, Pune, wherein, in an appeal against imposition of penalty, the Tribunal has held that in such a situation there was in fact short levy of duty, in that it was not permissible for the appella....