2018 (11) TMI 1377

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....ndent (s) ORDER Per Shri P.K. Choudhary This appeal is listed for admission today. After hearing both sides and despite the amount involved in this case being less than Rs. 2.00 lakhs, the appellant intends to contest the issue on merit, which is admitted and since the issue lies in a narrow compass, with the consent of both sides the same is taken up for disposal. 2. The appellant is ....

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.... appropriation of the amount already paid by the assessee. The adjudicating authority confirmed the demand of Rs. 1,08,362/- alongwith interest and appropriated the amount paid by the assessee and also imposed penalty under Rule 15(2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. On appeal, ld. Commissioner upheld the adjudication order and rejected the a....

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....e credit taken by them and have also paid the interest thereon. I find from the records that the said credit was adjusted before issuance of the show cause notice and this fact also finds mention in the show cause notice itself. Hence, there is no doubt regarding the recovery of irregular credit and the said amount having already been paid by them and has also been appropriated. 4. Ld. DR justi....

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....ble cenvat credit has already been reversed as soon as the same was pointed out by the department, much before the issuance of the show cause notice, therefore, no penalty is attracted in this case in view of the various decisions of the Tribunal. 8. I find that the cenvat credit taken by the appellant was reversed much before issuance of the show cause notice and the same has already been appr....