2016 (2) TMI 210

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..... i Pramod Kumar, DR, for the Respondent. ORDER [Order per : Ashok Jindal, Member (J)]. - The appellant is in appeal against the impugned order denying Cenvat credit taken by them suo motu. 2. The facts of the case are that the appellant is manufacturer of Pneumatic Rubber Tyres as well as Tractor Rear Tyres. The appellant has exported Tractor Rear Tyres on payment of duty, i.e., BED at the .....

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..... f duty along with interest was confirmed. Penalty of Rs. 4 lakhs was also imposed. Aggrieved from the said order, appellant is before us. 3. The ld. Counsel for the appellant submits that initially appellant paid SED by debiting Cenvat credit account which was not payable by them and they got rebate claim of the same which was paid by them through PLA on reversing the same and excess rebate .....

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..... ough PLA is only a cross-entry for reversal of rebate claim received in cash by the appellant. Therefore, the Cenvat credit utilized for payment of SED was made good by the appellant taking on account of payment of SED through Cenvat credit account of which claim received was paid through PLA. In these circumstances, we hold that appellant has correctly taken the Cenvat credit in their Cenvat cred .....

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