TMI Blog2017 (9) TMI 609X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside. Penalty - Held that: - It is not understood as how an error can occur where credit is taken without any documents. This can only happen when there is an intention to evade duty and default revenue. The ingredients necessary for imposing penalty under Rule 15(2) of Cenvat Credit Rules and Section 11AC of the Act are clearly available - penalty upheld. Appeal allowed - decided part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iness Support Services Ltd. 2017 (52) STR 346, Star Delta Transformers Ltd. 2016 (337) ELT 297, Shiv Om Paper Mills Pvt. Ltd. 2016 (342) ELT 430. 3. Ld. AR relied on the impugned order. He also relied on the decision of the Hon'ble Apex Court in Indswift Laboratories Ltd. 2011 (265) ELT 3 to assert that this interest can be demand even in the circumstances when the credit has not been util ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble from the date the duty was payable, which they promptly paid. The claim of the Revenue was, though the assessee has not taken or utilized this Cenvat credit, because they admitted the mistake, the assessee is liable to pay interest from the date the entry was made in the register showing the availment of credit. According to the Revenue, once tax is paid on input or input service or service re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le. Therefore, the said judgment of the Apex Court has no application to the facts of this case. It is only when the assessee had taken the credit, in other words by taking such credit, if he had not paid the duty which is legally due to the Government, the Government would have sustained loss to that extent. Then the liability to pay interest from the date the amount became due arises under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l has argued that there was sufficient balance in their accounts and as soon as the said wrong entry was pointed out, they had reversed the credit. 7. I find that the credit was taken without producing any documents. No documents have been produced till date. It is not understood as how an error can occur where credit is taken without any documents. This can only happen when there is an inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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