2016 (10) TMI 182

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....enue : Shri A Mishra, Authorised Representative ORDER Heard both sides and perused the records. 2. This is an appeal filed against OIA-CCEA-SRT-II-SSP-86-2013-14-U-S-35A-3 dt 27/6/2013 passed by Commissioner (Appeal), Central Excise, Customs and Service Tax-SURAT-II. 3. Briefly stated the facts of the case are that the appellant had cleared Inputs 'as such' under Rule 3(5) of the Cenva....

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....e transaction value without reversing the credit availed on the Inputs and it was under a bonafide mistake. He has further submitted that while discharging duty on the transaction value in some cases, the duty paid was more than the credit availed, hence the Dept. ought to have adjusted the same against the liability. It is his contention that since the payment on transactional value were made und....

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....y have filed any refund claim in this regard. There cannot be any dispute on the principle that when the Input is cleared 'as such' Cenvat Credit availed on the Inputs is required to be reversed as per Rule 3(5) of Cenvat Credit Rules 2004. Therefore, the differential credit is recoverable from the appellant and there is no discrepancy in the order by the authority below. However, I find that the ....