2012 (7) TMI 352

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... such amount - if credit was utilized without sufficiency thereof on record penalty should be imposed if there was no utilization it is left for the adjudicating authority to re-adjudicate the matter of imposition of penalty since there is already reversal of Cenvat credit not disputed by the assessee - need to be decided afresh. - E/2960 of 2011-SM - - - Dated:- 17-4-2012 - Shri D.N. Panda, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ng authority to defend his case. That authority found that the appellant took wrong credit of Rs. 67,590/- on a date mentioned in the adjudication order. Cenvat credit so availed was reversed on 17.11.2007. There must be a time gap between recording of credit and the date of reversal thereof. What that is necessary to ascertain is whether such credit was utilized by the appellant without having an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X