TMI Blog2014 (7) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... of credit vis-a-vis availability. There was no excess utilization at all during the relevant period. Under these circumstances what has happened is only an accounting error by the appellant and that mistake has been rectified by them by paying the entire amount with interest and correcting their account suitably. Such being the position, since the entire amount has been paid before issue of show-cause notice and initiation of proceedings, the appellant need not be visited with penalty also. - penalty can be waived by invoking provisions of Section 80 of Finance Act 1994 also. - Decided in favour of assessee. - ST/20670/2014-DB - Final Order . 20981/2014 - Dated:- 17-6-2014 - SHRI B.S.V. MURTHY AND SHRI S.K. MOHANTY, JJ. For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consider it appropriate that the matter may be finally decided at this stage itself Accordingly, the requirement of predeposit is waived and appeal itself is taken up for final decision. 2. As already observed above, in this case, only two issues are involved.As regards the availment of credit twice on the same invoice, the learned C.A. submitted that this observation is not at all correct. The department is treating the availment of CENVAT credit on the second occasion after the payment of service charges and tax was paid as availment twice on the same invoice. In any case, since there is no demand for tax, we consider that this issue need not have to be considered in depth by us. If there was a demand arising because of second time av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in paragraph 12.3 and 12.4 of the impugned order. He draws our attention to paragraph 12.4 in particular wherein the Commissioner has taken one entry as an example and has clearly shown that there is availment of credit without sufficient balance. After going through the table produced in paragraph 12.3 of the Commissioner s order, we find that the Commissioner s order does not have one column which in our opinion is very important and which has been the cause of the wrong conclusion by the Commissioner. This is the opening balance in respect of each month. Because of not taking opening balance into account, the CENVAT credit available at the end of each month for utilization has become incorrect and as a result in that particular month ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 - 7,84,451 7,84,451 1,40,490 6,43,961 May-08 6,43,961 19,48,878 25,92,840 6,31,297 19,61,543 Jun-08 19,61,543 39,22,705 58,84,247 2,47,289 56,36,958 Jul-08 56,36,958 23,19,222 79,56,180 3,65,210 75,90,970 Aug-08 75,90,970 14,88,682 90,79,652 3,29,517 87,50,135 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,071 45,61,963 2,59,79,035 24,09,865 2,35,69,169 Jul-09 2,35,69,169 19,70,709 2,55,39,878 29,60,588 2,25,79,290 Aug-09 2,25,79,290 54,56,493 2,80,35,783 5,13,067 2,75,22,716 Sep-09 2,75,22,716 13,17,850 2,88,40,566 12,05,413 2,76,35,153 In the month of December 2008, which the Commissioner has examined the credit utilization is ₹ 24,57,513/- which is the cumulative ..... X X X X Extracts X X X X X X X X Extracts X X X X
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