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TMI Blog2007 (11) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that assessee didn’t take permission before re-credit – held that no permission is needed for re-credit in respect of wrong reversal – moreover credit was reversed, only on erroneous advice given by audit officers - E/933/2006 - 1307/2007 - Dated:- 14-11-2007 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman Member (T) [Order per : T.K. Jayaraman Member (T)]. -1 . This appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear, they realized that the credit reversed was not in order and they were actually entitled for the credit. Therefore, they informed the Department that they would take back the credit on 28-9-2004. The re-credit was also taken on 30-9-2004 even though the department contended that the re-credit is not permissible. Hence, Revenue proceeded against the appellants for their re-credit in the CENVAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anam Spinning Mills - 2004 (166) E.L.T. 461(Tri. - Chennai). He also urged the point that no permission is required for re-credit of amount wrongly reversed. He relied on the following decisions (i) Visakhapatnam Steel Plant v. CCE, Visakhapatnam - 2002 (149) E.L.T. 708 (Tri. - Bang.) (ii) Veena Diecasters Engineers Pvt. Ltd. v. CCE, Thane-1 - 2006 (203) E.L.T. 133 (Tri. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration of the issue, we find that the appellants reversed the credit only on the insistence of Audit. Later, they realized that the advice given was wrong. Therefore, they informed the department of their intention to reverse the credit and even when the Department did not give permission for reversal, they re-credited the amount. We find that the appellants have relied on certain decisions, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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