Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 328 - AT - Central ExciseCENVAT credit - recovery of credit availed with interest and equal penalty imposed u/r 15(4) of CCR, 2004 read with Section 11AC of the CEA, 1944 - Input Service used in or in relation to the trading activities - Held that: - I find that the authorities below has not recorded any reasoning on the facts and evidences by which it could be concluded that the appellant had availed Cenvat Credit on Input Services used by them for trading activities during the relevant period by resorting into suppression or mis-declaration of the facts. No doubt the inadmissibility of credit taken by the appellant came to the notice of the Dept during the course of audit, but, that itself, in my opinion, cannot be the circumstance and be construed as availment of credit by way of suppression or mis-declaration of facts. In the result, the impugned order modified and the appeal is partly allowed to the extent of imposition of penalty - appeal disposed off - decided partly in favor of appellant-assessee.
|