2018 (12) TMI 362

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.... Per: Mr. Ashok Jindal The appellant is in appeal against the impugned order for denial of cenvat credit. 2. The facts of the case are that the appellant is engaged in manufacture of Steel Items i.e. "Rolled Products". They are availing cenvat credit on inputs. A dispute has been arose out on the basis that the appellant is entitled to avail cenvat credit of Rs. 2,52,133/- of inputs returne....

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....eir Noida based buyer, who directed the appellant to deliver the goods to the job worker located in Ludhiana. The job worker found the goods are not up to the mark and returned back the goods under Challan to Noida based buyer, (principal manufacturer), who in turn, issued invoices of returned goods to the appellant. Therefore, the appellant has received back the goods manufactured by them and is ....

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....verted by the Revenue, therefore, they are entitled to avail cenvat credit. 4. Ld. AR appearing on behalf of the Revenue reiterated the findings of the impugned order. 5. Heard the parties and considered the submissions. 6. I find that cenvat credit sought to be denied on three grounds:- (a) Cenvat credit of Rs. 2,52,133/- on the ground that the goods have not been returned by the buye....

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.... be denied on the allegation of diversion of the goods to the tune of Rs. 16,552/- which the appellant has admitted and reversed alongwith interest. The appellant has also paid 25% of the cenvat credit as penalty under Section 11 AC of the Central Excise Act, 1944. Admittedly, the said payments have made by the appellant before passing the adjudication order, therefore, in terms of provisions of S....