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TMI Blog2017 (1) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... r : Ramesh Nair This appeal is directed against Order-in- Original No. 249/28/V/2006/Commr/RH dated 24/3/2006 passed by the Commissioner of Central Excise, Mumbai V, whereby Ld. Commissioner in denovo adjudication confirmed the demand of Cenvat Credit to the tune of Rs. 30,84,991/-, imposed penalty of Rs. 21,53,555/- and also ordered for recovery of interest. 2. The fact of the case is that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21,11,172.23 was allowed. Aggrieved by the portion of disallowed Cenvat credit of Rs. 8,13,331.95 of the order, the appellant filed appeal before the Tribunal. Revenue also filed appeal for the portion of the Cenvat credit allowed by the Adjudicating authority against the same order. The Tribunal vide Order No. C/IV/120-137/WZB/04 dated 10/11/2003 and Order No. A/1296/WZB/2004/C-III/M/2013/WZB/04 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heets received by the appellant and quantity of said input used in the manufacture of components clearly shows that goods covered by the dealer invoices have been indeed received by the appellant, therefore credit was ought to have been allowed. He submits that entire case of the department is on basis of the fact that since invoices showing HR/CR coils therefore appellant have not received materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of Dhimant Trading Co,(supra) remanded the matter to the adjudicating authority with direction that if the appellant could produce correlation between HR/CR coils received by the dealer and HR/CR sheets supplied by the dealer are tallied Cenvat credit can be allowed. However from the records, it appears that appellant have not submitted correlation between HR/CR coils and HR/CR cut sheet recei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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