TMI Blog2016 (12) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... ing activities - Held that: - I find that the authorities below has not recorded any reasoning on the facts and evidences by which it could be concluded that the appellant had availed Cenvat Credit on Input Services used by them for trading activities during the relevant period by resorting into suppression or mis-declaration of the facts. No doubt the inadmissibility of credit taken by the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RA-II 3. The facts of the case, in brief, are that during the relevant period from April 2008 to June 2009 the appellant had availed Cenvat Credit of ₹ 3,31,773/- on various Input Service used in or in relation to the trading activities. On being pointed out by the Dept., the said amount was reversed on 30.9.2009 and interest thereof paid on 13.6.2011. A show cause notice was issued to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de belief that they are eligible to the Cenvat Credit, they had availed it, but, as soon as pointed out by the department, it was reversed. Therefore, they had no intention to avail the said credit resorting to suppression or mis-declaration of facts. Therefore, penalty under Section 15(4) of CCR,2004 read with Sec. 11AC of CEA, 1944 is not applicable to the present the case. It is his further c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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