Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 1542 - AT - Central ExcisePenalty - reversal of wrongly taken CENVAT credit - respondent case is that the service tax and the interest thereon were reversed prior to issuance of SCN - Held that: - there was no necessity for issuance of SCN in view of the fact that the entire cenvat credit in dispute had been reversed by the Respondent prior to initiation of the recovery proceedings by the Department. In this regard, Section 11A (2B) of the CEA, 1944 mandated that when the duty has been paid on the basis of assessee's own ascertainment, no SCN should be issued and for all statistical and practical purposes, the proceedings have to be closed - penalty set aside - appeal dismissed - decided against Revenue.
|