9911796707
TMI Blog2018 (5) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... ification of the duty - Last sentence of paragraph 5 may be corrected - ROM Application allowed. - E/1311/2009 - M/85419/2018 - Dated:- 4-4-2018 - SHRI RAMESH NAIR, MEMBER (JUDICIAL) Appellant - Represented by Shri Dinesh Dave, Director Respondent - Represented by Nashik Shri A.B. Kulgod, AC (AR) Per: Ramesh Nair The present ROM application is filed by the applicant point ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he adjudicating authority by remanding the matter to adjust the duty against the CENVAT Credit admissible to the appellant and thereafter net duty amount can be worked out. In this position, even though the duty stand reduced, the original penalty confirmed in the order will stand maintained. Therefore, this apparent error may be corrected. 2. Shri A.B. Kulgod, learned Assistant Commissioner (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise Act, However, the same shall be re-quantified commensurate to the duty finally confirmed 4. Last sentence of paragraph 5 may be corrected and read as under: - The penalty may also be re-quantified commensurate to the re-quantified duty after adjustment of CENVAT Credit, if any, available to the appellant. Appeal No. E/ 1311/09 is disposed of by way of remand in the above terms. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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