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2015 (11) TMI 765 - CESTAT BANGALORE

2015 (11) TMI 765 - CESTAT BANGALORE - TMI - Benefit of CENVAT credit -credit earned in the subsequent months cannot be used for payment of duty for the previous month - Held that:- Appellants have been utilizing excess credit for a period spread from June 2007 to April 2008 and such mis-utilization was for a number of months during the said period. As such, the appellants plea that such wrong utilization had occurred on account of the accountant being new cannot be appreciated. However, I also .....

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fit of doubt and after taking note of the fact that they were having sufficient balance in their PLA during the months of default and keeping in mind that appellant has already paid interest to the extent of ₹ 7,176/-, I impose a penalty of ₹ 10,000 - no reasons to confirm the demand. - Decided partly in favour of assessee. - E/2344/2010-SM - Final Order No. 21198 / 2015 - Dated:- 27-5-2015 - Smt. Archana Wadhwa, Judicial Member For the Petitioner : Mr. Chidananda Urs BG Adv For the .....

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payment of duty for the previous month. 2. However, the appellant for the period June 2007 to April 2008 (leaving a few months in-between), wrongly utilized the credit for payment of duty of their final products, to some extent. The total quantum of mis-utilization is to the extent of ₹ 6,49,994/-. On the said basis, proceedings were initiated against them for confirmation of demand of duty to that extent along with interest as also for imposition of penalty. 3. The said proceedings were a .....

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who was not aware of the provisions and accordingly mis-utilized the credit. It is the contention of the learned CA that during all these months they were having sufficient balance in their PLA and were in a position to use the PLA amount. In any case, the credit so availed was admittedly available to them during the succeeding months and by using it in the preceding month, they have not made the said credit available to them for the subsequent month. At the most it will attract some interest li .....

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