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2018 (7) TMI 1050

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....hnical) Shri Abhishek Jaju, Advocate & Shri R. S. Yadav, Advocate (In Appeal No. E/56183/2013) & Shri Vipin Kumar Kushwaha (Proxy Counsel) (In Appeal No. E/56252/2013), for Appellant Shri Pawan Kumar Singh, Superintendent (AR), for Respondent ORDER Per: Anil G. Shakkarwar The above stated two appeals are arising out of common impugned Order-in-Appeal No. 314-315/ST/APPL/NOIDA/2012 d....

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....nd M/s K. Three Electronics Pvt. Ltd. had taken Cenvat credit of the said duty paid. On raising the issue by Revenue M/s K. Three Electronics Pvt. Ltd. informed the Department that after the job work such Moulds were returned to M/s L. G. Electronics India Pvt. Ltd. and Cenvat credit so paid has also been reversed. Revenue contended that initially M/s L. G. Electronics India Pvt. Ltd. paid higher ....

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.... value was not reduced by M/s L. G. Electronics India Pvt. Ltd. @2.5% per quarter which was admissible as Sub-rule (5) of Rule 3 of Cenvat Credit Rules, 2004. As a result, M/s L. G. Electronics India Pvt. Ltd. have paid higher Central Excise duty of Rs. 3,77,301/- and such higher credit was availed by M/s K. Three Electronics Pvt. Ltd. and said alleged higher credit was sought to be recovered from....

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....t appeal before this Tribunal. 3. Heard the ld. Counsel - Shri Abhishek Jaju, for the appellant on behalf of M/s K. Three Electronics Pvt. Ltd. He has submitted that it is settled principles of law that at the end of the receiver of the inputs there is no provision for re-assessment of the inputs. Further, the appellant had also reversed Cenvat credit of Rs. 13,87,596/- on 21/06/2010. He has re....