9911796707
TMI Blog2015 (9) TMI 1542X X X X Extracts X X X X X X X X Extracts X X X X ..... ohanty (for the Bench): Revenue is in appeal against the impugned order dated 18.03.2013 wherein, penalty imposed in the adjudication order under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 on the respondent has been dropped. 2. Brief facts of the case are that the appellant is engaged in the manufacture of the Cotton Yarn falling under Chapte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice dated 01.04.2011 was adjudicated vide order dated 20.03.2012, wherein the proposals made therein were confirmed. On appeal, the Commissioner (Appeals) has dropped the penalty imposed in the adjudication order. 3. Sh. R K Mishra, the Ld. DR appearing for the Revenue supports imposition or penalty in the adjudication order. He further submits that since wrongly availed Cenvat credit has been re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sides and perused the records. 5. I find that the Commissioner (Appeals) in the impugned order has specifically recorded that the cenvat amount in the instant case has been reversed by the respondent prior to issue of Show Cause Notice. It has further been held that though credit has been taken by the Respondent, but the same has not been utilized for clearance of the finished products. With reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een paid by the Respondent before issue of SCN, imposition of penalty in the adjudication order is not in confirmity with the statutory provisions. 6 The judgment cited by the Ld. DR for the Revenue is distinguishable from the facts of the present case inasmuch as there is no element of mensrea on the part of the Respondent herein in defrauding the Government Revenue. 7. Therefore, I am of the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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