9911796707
TMI Blog2006 (1) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is in appeal aggrieved by Order-in-Appeal passed by the Commissioner (Appeals), Central Excise, Mumbai-III, who has disallowed the Modvat credit to the tune of Rs. 1,10,910.16 (Rupees One Lakhs Ten Thousand Nine Hundred Ten and Paise Sixteen only) availed by the assessee. 3. The appellants were inter alia engaged in processing of goods on job work basis which were cleared without paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the Show-Cause-Notice, confirmed the demand and order the recovery of Cenvat credit while imposition of equal amount of penalty and interest. On filing of appeal by the assessee, the Commissioner (A), Central Excise, Mumbai while confirming the payment of duty, rejected the appeal filed by the assessee. It is contended by the appellants before the Commissioner (A) that the applicability o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee and incidence of the duty not passed on to any other person, he is entitled for refund claim. This procedure can not be followed in the instant case as it pertains to reversal of credit which has been erroneously done without knowing the legal position. It is only a adjustment of amount. The credit has been voluntarily reversed and later it was taken back credit and that any formal per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt II which has been reversed earlier being under wrong impression for want of legal knowledge, the same can not be denied as It was taken suo motu after intimation. Therefore, I am of the view that the finding of both the authorities being erroneous the same is set aside, accordingly, I set aside and allowed the appeal filed by the assessee. In the result, appeal is allowed. (Pronounced in Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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