9911796707
TMI Blog2011 (8) TMI 1006X X X X Extracts X X X X X X X X Extracts X X X X ..... ice Tax Appellate Tribunal, South Zonal Bench, at Bangalore (hereinafter called as CESTAT ) in Appeal No. Excise/55/2007 [2008 (230) E.L.T. 301 (Tri.-Bang.)] wherein the appeal filed by the Revenue had been dismissed. 2. The material facts leading up to this appeal are as follows : The respondent-assessee are registered with the Central Excise and are engaged in the manufacture of Biscuits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cenvat credit facility in a sum of ₹ 7,082/- towards duty and ₹ 143/- towards educational cess and also interest of ₹ 329/- and also imposed penalty of ₹ 10,000/- on the respondent for violation of the rules. 3. Being aggrieved by the said order passed by the Original Authority, the assessee preferred Appeal No. 313/2006 on the file of Commissioner of Central Excise (Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the order passed by the Appellate Authority. Being aggrieved by the order passed by the Tribunal, the instant appeal is preferred by the Revenue. 4. We have heard the learned counsel appearing for the appellant. 5. Learned counsel appearing for the appellant submitted that the fact that there was wrongful availment of the Cenvat credit, is not disputed. However, mere readjustment would n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority and the Appellate Tribunal that the said finding of the Original Authority cannot be sustained and the same is set aside on the ground that as on the date of initiation of proceedings, the violation which was rectified by the assessee by readjusting the credit and also paying interest and therefore no further proceedings can be initiated and the said finding is justified having regard t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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