9911796707
TMI Blog2006 (1) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... e same not deniable as it was taken suo motu after intimation - Appeal No. E/299/2005 - Order No. A/816/2006-WZB/C-IV(SMB) - Dated:- 17-1-2006 - [Order] - Heard both sides. 2. The 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 Thousan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ten and paise Sixteen only) and later utilized the same for payment of duty on other items. 4. The Asst. Commissioner, Central Excise, Wagle Divn., Mumbai-III Commissionerate on adjudication 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), Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the appellants contends that under Section 11B of Central Excise Act, the procedure is laid down for making refund claim when the amount is in deposit which has been collected from the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ering the facts and circumstances of the case, and various contentions raised by the ld. Counsel for the appellants, mere because the credit is taken suo motu by adjustment in the RG 23A Part 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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