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2015 (10) TMI 770 - AT - Central ExciseCENVAT Credit - Invoices against which the cenvat credit availed shows the address of their Head Office whereas the cenvat credit was availed by one of the units - Penalty u/s 11AC - Held that:- Appellants had taken cenvat Credit on the basis of invoices raised in the name of their Head Office. The said Cenvat Credit has been taken by one of their manufacturing unit. There is no allegation of double availment of the said Cenvat Credit by any other unit. It is also observed that the appellants had reversed the cenvat credit on being pointed out by the audit. The appellants have not seriously contested the necessity or correctness of reversal of the Cenvat Credit before the lower authorities. However, they are seriously contesting the levy of interest and penalty. On the issue of levy of interest, there are conflicting decisions by various Hon’ble High Courts and different Benches of the Hon’ble Tribunal - in this case the appellant had reversed the credit as soon as it was pointed out that they had wrongly availed the same and they had not utilised the Cenvat Credit so availed till the time of reversal of the same.Therefore, the decision of Hon’ble Jurisdictional High Court relying upon the decision of the Hon’ble Supreme Court on the very same issue is applicable in this case. We, therefore, hold that no interest is payable in the present case. On the issue of penalty under Section 11AC, it is seen that the same is not leviable as there were no intention to evade duty, as is evident from the facts of the case. - Demand set aside - Decided in favour of assessee.
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