2017 (1) TMI 153

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..... are liable to pay penalty when the credit which was irregularly availed was reversed before utilization has been decided in favor of the assessee in the case of CCE & ST, LTU, Bangalore Vs M/s Bill Forge Pvt Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT], where it was held that once the entry was reversed, it is as if that the Cenvat credit was not available - further reliance also placed in the c .....

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..... good (rolling machine) from the factory premises and installed the same at another unregistered premises. After due process of law, the adjudicating authority confirmed the demand of duty along with interest and imposed penalty of ₹ 10,000 and ₹ 5,000/- under Rule 15 of CENVAT Credit Rules, 2004 and Rule 25 of Central Excise Rules, 2002 respectively. The department filed appeal befor .....

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..... ochemicals Ltd., Vs CCE, Ahmedabad-II [2015 (330) ELT 648 (Tri.-Ahmd)] , to canvass the proposition that as the credit was reversed prior to utilization no penalty can be imposed.. 3. The Ld. AR Sh. Nagraj Naik reiterated the findings in the impugned order. He submitted that the appellant had availed irregular credit on the capital goods and the same would not have come to light but for the i .....

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