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TMI Blog2013 (11) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... the Cenvat credit of duty and were paying duty of excise on their final product. However, with effect from 1.4.09, the appellant opted for small scale exemption. According to the appellant, on account of inadvertent mistake they continued to avail the benefit of Cenvat credit of duty paid on the inputs as also on capital goods during the period April, to June, 2009. The said availment of Cenvat credit was duly reflected by them in their quarterly return so filed. The said mistake on the part of the appellant was pointed out by the Revenue, who raised objections for availment of credit as also in respect of credit involved on the inputs, either lying as such or as contained in the final product as on 1.4.09. On being pointed out, appellant i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o filed by them. He also clarifies that credit for the quarter during the period April to June was not utilized by them and as such confirmation of interest and penalty is neither justified nor in accordance with the law. 6. Learned advocate further submits that an amount of Rs.60,000/- was involved in respect of inputs which were received prior to 1.4.09 and they had availed the credit prior to said date but since the Revenue insisted on reversal of credit, they reversed the same; though there was Larger Bench decision laying down that no such reversal is otherwise required. He submits that having deposited the amount he is not contesting the same. As regards observation of Commissioner (Appeals) that there was reversal of Rs. 11,000/- ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leviable in such cases stand considered and interpreted by the Hon'ble Karanataka High Court in the case of CCE & ST, Bangalore vs. Bill Forge Pvt. Ltd. [2012 (26) STR 204 (Kar)]. It stand held that in case the wrongly availed credit stand reversed without utilizing the same, no interest would become liable to be paid. Both said decision were considered by the Tribunal in the case of CCE, Raipur vs. M/s. Sharda Engery & Minerals Ltd. vide its Final order No. 55193/2013 dated 10.1.2013, it was observed as under: 8. Learned Advocate appearing for the respondent draws my attention to a latest decision of the Hon'ble High Court of Karnataka in the case of Commissioner of Central Excise and ST Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... monstrate contumacious conduct and result in causing prejudice to Revenue. The fact of non-utilization of credit and reflection of the same in statutory records reflects upon absence of attempt and commitment causing any prejudice to the Revenue, there is no occasion for imposition of penalty. Inasmuch as in the present case the appellant was availing credit with due knowledge of the Revenue and was reflecting the same in the statutory records, I hold that there was no malafide on the part of the assessee i.e. inviting any penal action against them. 12. In view of the above, I confirm the demand of duty as having been debited in full in terms of finding of Assistant Commissioner and as not contested, and set aside the confirmation of inter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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