2018 (9) TMI 811

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.... whole of excise duty mentioned in the relevant invoices, instead of restricted credit as per the formula prescribed under Rule 3 (7) (A) of the Cenvat Credit Rules, 2004 (CCR). SCNs dated 06.10.2009 were issued to them interalia, proposing recovery of such alleged wrongly availed credit amounts of Rs. 40,79,810/- and 11,34,402/- respectively with interest thereon and also imposition of penalties under various provisions of law. After due process of law, vide adjudication order Nos. 10 & 11/2011-ADC dated 10.01.2011 the original authority reduced the amounts of Rs. 37,32,386/- and Rs. 10,59,007/- respectively with interest and also imposed equal quantum of penalties under Rule 15 (2) of CCR read with section 11 AC of CEA,1944. In appeal, th....

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....tification No. 23/03 has brought out an amendment which had the effect to restrict the quantum of Cenvat credit availment in such cases. ii) In any case, the respondents had paid up the bulk of the disputed credit amount after the issue of SCN and the remaining quantum thereby was also reversed pursuant to the OIA. iii) The respondents have not filed any appeal in respect of the impugned order. It is however argued that the order of the Commissioner (Appeals) setting aside the interest and penalty is very much in order. iv) During the entire period of dispute, except for the months of January and February 2009, the respondents always had more credit balance than the corresponding disputed excess credit amounts for that period. Hence, the....