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2015 (12) TMI 752 - CESTAT BANGALORE

2015 (12) TMI 752 - CESTAT BANGALORE - TMI - Imposition of penalty - reversal of cenvat credit before utilization - Construction service - Held that:- Admittedly the appellant reversed the credit immediately on being pointed out by the Audit. There could be some confusion on their part as regards the availability of the credit inasmuch as it was their own unit which was being constructed in Maharashtra and all the accounts were being maintained at their Unit in Hyderabad. Further, the appellant .....

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Member (J), J. For the Appellant : Ms Preetha Madhavan, Adv For the Respondent : Mr N Jagadish, AR ORDER Per Archana Wadhwa The challenge in the present appeal is only to imposition of penalty. 2. Explaining the facts, learned advocate Ms Preetha Madhavan appearing for the appellant submits that they have a Unit at Hyderabad which is engaged in the manufacture of rock drilling tools. They were constructing another factory in Maharashtra and certain services for construction of the said factory w .....

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y and August 2008. Their factory's audit took place on 14.10.2008 and it was viewed that appellant is not entitled to avail the credit in respect of services relatable to construction of their Maharashtra Unit. The appellant accepted the above stand of the Revenue and immediately paid the amount on 22.10.2008 along with interest. 3. In the above backdrop, proceedings were initiated against them vide show-cause notice dated 09.06.2009 proposing confirmation of demand as also interest and also .....

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