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TMI Blog2024 (3) TMI 1169X X X X Extracts X X X X X X X X Extracts X X X X ..... orrect as held by this Tribunal in the case of LSR SPECIALITY OIL PVT LTD, AROKIA SAMY, RAMESH BABU VERSUS COMMISSIONER OF CENTRAL EXCISE, BELAPUR [ 2015 (9) TMI 983 - CESTAT MUMBAI] wherein this Tribunal has held that the average value of input procured in a year is to be taken for reversal of cenvat credit on input cleared as such and the adjudicating authority has also relied on the said decision. Admittedly, the show-cause notices were issued to the assessee to direct them for reversal on highest value of inputs in a particular month when they were procured, which is not correct. The adjudicating authority cannot improve the case of the Revenue by adopting the decision in the case of LSR Speciality Oil Private Limited at the stage of ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mula adopted of the highest value on inputs cleared is not correct, but the adjudicating authority found that the formula for the purposes of calculation of highest value of inputs is not correct. Therefore, the adjudicating authority, considering the same, has taken an average value of inputs purchased in a particular month and reduced the demand against the appellant accordingly. 3. It was also case of the Revenue that the input Sinter is also cleared as such and highest value of the month is to be taken for valuation. Therefore, the assessee is in appeal and the Revenue is also in appeal on the ground that the formula adopted by the adjudicating authority is not correct. It is to be calculated on the highest value of inputs for the parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjudicating authority has also relied on the said decision. 9. Admittedly, the show-cause notices were issued to the assessee to direct them for reversal on highest value of inputs in a particular month when they were procured, which is not correct. The adjudicating authority cannot improve the case of the Revenue by adopting the decision in the case of LSR Speciality Oil Private Limited (supra) at the stage of adjudication. 10. In that circumstances, we are set aside the charge made in the show-cause notices against the assessee as highest value of input for the month of procurement cannot be adopted for reversal of the cenvat credit by the assessee. In that circumstances, the impugned order is not sustainable in the eyes of law. 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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