2007 (12) TMI 86

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.... 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 fitments) at the time of clearance of IC diese....

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....quired 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 appellants to set off the duty earlier paid in ....