Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 1053 - AT - Central ExcisePenalty - excess CENVAT Credit availed - it was alleged that appellant availed credit of duty paid on capital goods on machinery twice - whether the penalty imposed on the appellant for the excess credit availed, is sustainable or not? Held that:- It is brought out from the facts that the appellant has reversed the credit before utilization and that they had enough credit balance in their Cenvat Credit account for the disputed period - The Hon’ble High Court in the case of Strategic Engineering (P) Ltd. [2014 (11) TMI 89 - MADRAS HIGH COURT] has categorically held that when the credit has been reversed before utilization, the interest or the penalty imposed cannot sustain - penalty set aside - appeal allowed - decided in favor of appellant.
|