2019 (2) TMI 308

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....duty liability under Notification No. 23/2003-CE. The appellant availed credit of Rs. 19,50,330/- as against admissibility credit, as per formula, of Rs. 19,26,531.30, therefore, the appellant reversed an amount of Rs. 23,781.70/- on 14.07.2009 vide entry No. 179 dated 14.07.2009. The appellant also received material from M/s. Reliance Industry during September, 2008 to February, 2009 on which M/s. Reliance Industry Limited, a 100% EOU, had paidduty at full rate. The appellant availed the entire credit of CVD amounting to Rs. 6,61,910/-. A SCN was issued to the appellant demanding reversal of Cenvat Credit amounting to Rs. 2,23,994/-, however, the demand of reversal of Cenvat Credit was upheld by the lower authority and consequently the app....

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....SR 266 (e), dated 31 March 2003] shall be admissible equivalent to the amount calculated in the following manner namely"................(Formula part) 10. The above provisions are applicable to the units which pay duty under section 3 of Excise Act except the unit mentioned at Sr. 3,5,6 & 7 of Notification 23/2003-CE dated 31.03.2003 as amended. However in the present case it is evident from the invoices of EOU on the basis of which the appellant has availed Cenvat credit that the said clearances are covered under Sr. No. 1 of Notification 23.2003-CE. The exclusion clause is applicable only with respect to clearances made under Sr. No. 3,5,6 and 7 of the said notification. With respect to the other clearances, the Cenvat Credit is admiss....

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....ers issued by the lower authority, it is seen that the exact manner in which the admissible credit has been calculated is not specified. In the appeal No. E/554/2010 the figures in the annexure-A to the SCN do not match. In the column of credit availed, the figure shown is 15280 and in the column credit available the figure shown is 150947. Still in the last column it has been stated that there is an excess credit of Rs. 12133/- availed. The above observations in respect of first row of the said table are true for almost all the rows. It is seen that the figures have not been examined by the Order In Original as well as Order In Appeal. The manner in which total duty available has been calculated has also not been specified norexamined by t....