2016 (12) TMI 328

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..... tian,  Advocate For Revenue :  Shri L Patra, Authorised Representative ORDER Heard both sides. 2.  This appeal is filed against OIA-PJ-406-VDR-II-2012-13 dt 23.1.2013 passed by the Commissioner (Appeals), Central Excise, Customs and Service Tax-VADODARA-II 3.  The facts of the case, in brief, are  that during the relevant period from April 2008 to June 2009 the appell .....

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..... or in relation to trading activity prior to  April 2011. It is his contention that the position has become clear only after amendment to relevant provisions  of Cenvat Credit Rules with effect from April 2011. Contesting the penalty, the Ld Advocate submitted that under the bonafide belief that  they are eligible to  the Cenvat Credit, they had availed it, but, as soon as poin .....

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..... 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 appellant came to the notice of the Dept during the course of audit, but, that itself, in my opinion, cannot be the circumstance and&n .....

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