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2018 (10) TMI 1536 - CESTAT BANGALOREPenalty - irregular availment of credit - reversal with interest on being pointed out - extended period of limitation - Held that:- The appellants have availed the CENVAT credit wrongly but the same was reversed along with interest after being pointed out by the audit party - Once the appellant has reversed the credit along with interest before the issuance of show-cause notice, then as per Section 11A(2), the Department should not have issued the show-cause notice. Further, Department has not brought any material on record to show that there was suppression of fact with intent to evade duty. Penalty not sustainable - appeal allowed - decided in favor of appellant.
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