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TMI Blog2018 (8) TMI 1333X X X X Extracts X X X X X X X X Extracts X X X X ..... transferred earlier to their another company? Held that:- Even though the respondent initially availed credit on the supplementary invoices pertaining to the entire quantity of inputs received from the inputs supplier on payment of differential duty, but later on realizing the mistake, reversed the credit attributable to the quantity cleared as such to another unit namely, M/s Ispat Metallic In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lementary invoices when goods were already transferred earlier to their another company. 3. The learned AR for the Revenue submitted that the appellant had availed CENVAT Credit of ₹ 42,40,324/- on the strength of supplementary invoices, when the quantity of inputs relating to the said amount of credit has already been transferred to their other unit, hence they were not eligible to the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame. During the relevant period, part quantity of inputs had also been cleared as such on payment of duty to M/s Ispat Metallics India Ltd. As the suppliers of the inputs paid differential duty on the inputs subsequently they availed credit on the supplementary invoices involving duty of an amount of ₹ 2,07,64,870.16 issued by the supplier. However, erroneously the credit pertaining to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that in their grounds of appeal, Revenue has challenged the order of the learned Commissioner (Appeals) stating that learned Commissioner (Appeals) has failed to impose penalty under Section 11AC of the Central Excise Act. From the facts narrated, we find that even though the respondent initially availed credit on the supplementary invoices pertaining to the entire quantity of inputs received f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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