TMI Blog2017 (6) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... edit has not been utilized - interest not sustainable. Penalty was imposed for contravention of the Rules and the same is warranted. Appeal allowed - decided partly in favor of appellant. - E/623/10 - FO/A/76030/2017 - Dated:- 9-6-2017 - Shri P.K.Choudhary, Member(Judicial) Shri Biswajit Mukherjee Shri A.Biswas, Advocates for the Appellant Shri K.Choudhary, Supdt.(AR) for the Revenue ORDER Per: Shri P. K. Choudhary The appellant filed this appeal against the demand of interest of ₹ 15,12,533/- and penalty of ₹ 2,000/- under Rule 15(3) of the Central Excise Rules, 2004. 2. Heard both sides and perused the appeal records. 3. I find from the Adjudication order that the appellant had taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22) E.L.T. 279 (Mad.) and decision of this Hon ble Tribunal in Force Motors Ltd v. CCE., Pune - 2015-TIOL-1833-CESTAT-Mum = 2015 (329) E.L.T. 543 (Tribunal). The learned Authorised Representative strongly argued that if the audit had not pointed out the wrong availment of cenvat credit, it would have resulted in short levy and by simple filing returns by itself will not rescue the appellants from the mischief of suppression. 5. We find that the appellants had taken Cenvat credit on the basis of invoices raised in the name of their Head Office. The said Cenvat Credit has been taken by one of their manufacturing unit. There is no allegation of double availment of the said Cenvat Credit by any other unit. It is also observed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken, the provisions of Rule 14 of the Rules would not be attracted. The view adopted by the Tribunal as well as the authorities below is, therefore, in consonance with the view taken by the Supreme Court in the above referred decision. 6. We find that in this case the appellant had reversed the credit as soon as it was pointed out that they had wrongly availed the same, and they had not utilised the Cenvat Credit so availed till the time of reversal of the same. Therefore, the decision of Hon ble Jurisdictional High Court, relying upon the decision of the Hon ble Supreme Court on the very same issue is applicable in this case. We, therefore, hold that no interest is payable in the present case. On the issue of penalty under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
