2016 (10) TMI 1121

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....1. Heard both sides and perused the appeal records. 2. M/s.Tata Chemicals Ltd., the Appellant herein, have taken over the business of M/s.Hind Lever Chemicals Ltd. by way of appropriate amalgamation order w.e.f. 01.06.2004, are engaged in the manufacture of Sodium Tripoly Phosphate, Sulphuric Acid, Phosphatic Acid, Phosphatic fertilizer  DAP, NPKs out of its factory in Durgachak, Haldia. The....

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....4,46,391/- was confirmed and equal amount of penalty was imposed and interest also demanded. On appeal the ld.Commissioner(Appeals) allowed the CENVAT Credit of Rs. 2,71,660/- and Rs. 86,549/-. The demand of duty to the extent of Rs. 88,182/- was upheld since the goods were not received by the Appellant and the quantum of penalty was reduced to Rs. 40,000/-. 3. The Ld.Counsel appearing on behalf ....

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....d by the Appellant). The Appellant cancelled the credit by endorsement against invoice No.21538 originally made on 27.06.1996 under bona fide impression of receipt of materials against the said invoice, and instead made fresh endorsement/entry to avail the commensurate credit of even amount of Rs. 88,182/- on 15.10.1996 when the materials were actually received. The dispute rests on this factual i....