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2019 (2) TMI 1033 - AT - Service TaxCENVAT Credit - capital goods - Rule 4(2a) of Cenvat Credit Rules, 2004 - time limitation - Held that:- It is also the admitted fact that the moment this inadvertence in the books of accounts of the appellant was brought to their notice that they reversed the amount in excess from their credit balance in the month of March 2010 itself. It therefore becomes the revenue neutral situation as far as the books of accounts of the appellant are concerned and since the stage of taking or utilising the credit had not yet come, there is no occasion for revenue to suffer any loss on this account. The Order of appropriation of the reverse amount as passed by the Commissioner has no practical meaning in view of this discussion. Imposition of penalty - Held that:- Since the wrongly availed cenvat credit stands reversed way back in March 2010 and since the appellant immediately has acknowledged the said wrong availment as inadvertent mistake that too in books of account only, there remains no question of any wilful intention to evade duty or to have the unjust enrichment on the part of the appellant. The question of imposition of penalty does not at all arises. Time limitation - Held that:- The fact of inadvertent mistake and the reversal of wrongly availed cenvat credit in March 2010, i.e., much prior to the issuance of the impugned SCN of the year 2013 was very much in the knowledge of the Department. Seeing from any angle SCN is held barred by time. Appeal allowed - decided in favor of appellant.
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