TMI Blog2014 (10) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... -9-2010 covering the period 2005-2006 to 2009-2010. These proceedings were however dropped by the Commissioner by the order dated 27-8-2012 on the ground that the demand for recovery of Cenvat credit cannot be raised against the Input Service Distributor under Rule 14 of the Cenvat Credit Rules, 2004; and where Cenvat credit is wrongly availed and utilized, the same should be recovered from the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 24,34,70,614/- allegedly wrongly availed by the appellant and distributed by IOC-AFS during the period 1-4-2010 to 31-3-2012, in contravention of Rules 2(l), 2(m) and 7 of the Cenvat Credit Rules, 2004; directed recovery of this amount; and imposed penalty of equal amount under Rule 15 of the Rules, for contravention of specified rules. The petitioner is an input service distributor. Cenv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ie construction of the provisions of Rule 14 of the Cenvat Credit Rules, 2004, we are of the view that the impugned order is unsustainable. 4. Consequently, we set aside the impugned adjudication order and allow the appeal. We do so after waiving pre-deposit and hearing ld. Counsel, Ms. Tuhina Sinha for the appellant and Shri Govind Dixit, ld. DR for Revenue. - - TaxTMI - TMITax - Service ..... X X X X Extracts X X X X X X X X Extracts X X X X
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