Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 1932 - CESTAT NEW DELHIMODVAT Credit - Goods received after few days - Credit reversed before SCN - Held that:- Larger Bench of the Tribunal in the case of Machino Montell [2004 (4) TMI 101 - CESTAT, NEW DELHI] stands reversed by the Hon’ble High Court but nevertheless I am of the view that it is not the case of the mala fide on the part of the respondents so as to impose any penalty upon them. Admittedly, the mistake was detected by the assessee himself and in any case, the Cenvat credit was available to them and the only issue is timing of availment of such credit. The assessee has also deposited the interest involved on such wrongly availment of credit. As such, I agree with the Commissioner (Appeals) that this being not a case of any mala fide, imposition of penalty upon the respondents is not justified. Accordingly, Revenue’s appeal is rejected. - Decided against Revenue.
|