TMI Blog2019 (7) TMI 1257X X X X Extracts X X X X X X X X Extracts X X X X ..... od). Since it is a statutory mandate it was incumbent for the appellant to reverse the cenvat credit as was prior availed on the capital goods used in manufacture of exempted goods on which the benefit of lesser duty vide the impugned Notification was subsequently availed. Admittedly, there is no such book entry to reverse the remaining amount as well. Admittedly, no subsequent return has been filed by the appellant to reverse the balance amount of the cenvat credit which as per him is still lying unutilised. Penalty - HELD THAT:- The question of imposition of penalty also does not arise when admittedly the amount of cenvat credit availed is lying unutilised till date in the assessee s/ appellant s account. Appeal allowed in par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed. The said proposal was initially confirmed vide Order no. 07 dated 29.07.2013. The Appeal thereof has been rejected. Being aggrieved, the appellant is before this Tribunal. 2. I have heard Shri Vijai Kumar, learned advocate on behalf of the appellant and Shri K. Poddar, learned Authorised Representative on behalf of the Department. 3. It is submitted on behalf of the appellant that the cenvat credit in question was availed prior availing the exemption. The moment the Department objected the said availment that an amount of ₹ 1,94,751/- alongwith the interest of ₹ 44,137/- was paid back to the Department. The balance amount of ₹ 3,05,772/- out of the total amount of ₹ 4,89,064/- is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e parties and perusing the entire record, I observe and hold as follows: 5.1 It is an admitted and apparent fact on record that for availing the benefit of Notification No. 01/2011 CE dated 01.03.2011 and under Notification No. 12/2012 CE dated 17.03.2012 (Serial No. 128), the assessee is not allowed to avail the cenvat credit on the capital goods. Admittedly, the appellant has availed the cenvat credit on capital goods and admittedly the final product of appellant is only Single Super Phosphate , a fertilizer (the exempted good). In view of these admissions irrespective that the cenvat credit on capital goods was availed by the appellant prior availing the benefit of the impugned Notification i.e., paying the duty at the red ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004. However, I am of the opinion that confirmation of the total demand is not justified when the Adjudicating Authority has acknowledged for the part reversal thereof. In the given circumstances, the Order is modified to the extent that the confirmation of demand sustains only for the amount of ₹ 3,05,772/-. Relying upon the decisions of Maruti Udyog Ltd. (supra)and Rana Sugar Ltd .(supra) as relied upon by the appellant it is held that the appellant shall not be liable to pay interest on the said amount. The question of imposition of penalty also does not arise when admittedly the amount of cenvat credit availed is lying unutilised till date in the assessee s/ appellant s account. The Order under challenge stands accordingly modi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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