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TMI Blog2017 (5) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the records whether they had sufficient balance during the relevant time - The original authority is directed to verify whether the appellant has sufficient balance in the CENVAT credit account during the relevant time of taking the credit till the reversal of credit - appeal allowed by way of remand. - E/188/2012-SM - A/30479/2017 - Dated:- 28-3-2017 - Ms. Sulekha Beevi, C.S., Member (Judi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority confirmed the demand of interest of ₹ 3,04,353/- and imposed penalty of ₹ 3 lakhs. Against the confirmation of demand and imposition of penalty, the appellant filed an appeal before the Commissioner(Appeals). The Department also filed appeal being aggrieved by the non-imposition of equal amount of penalty. The Commissioner(Appeals) vide the order impugned herein upheld the demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014-TIOL-466-HC-MAD-CX] and the Final order No. A/30569-70/2016 dt. 29/06/2016 passed by the Tribunal, Hyderabad in the case of B. Girijapathi Reddy Co. 4. Against this, the learned AR Shri Guna Ranjan submitted that the appellants though have reversed the credit, it is not brought out from the records whether they had sufficient balance during the relevant time. That the said fact has to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it account during the relevant time of taking the credit till the reversal of credit. The impugned order confirming the interest and imposing penalty is set aside and the appeal is allowed by way of remand for the limited purpose of verifying whether the appellant had sufficient balance during the relevant time of reversal of the irregularly availed credit. In case, the appellant has sufficient ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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