TMI Blog2017 (10) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 4,71,189/. On this ground, the order of the Commissioner imposing penalty has been set aside. Today, the learned counsel for the appellant is not in a position to substantiate the challenge by the appellant to the factual finding - no substantial question of law arises - appeal dismissed being not maintainable. - Central Excise Appeal No. 156 of 2015 - - - Dated:- 3-10-2017 - A. S. Oka And A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Jt.CDR, in view of the above, emphasized that only when the credit is reversed before utilization and before clearance of the exempted goods only then it will amount to not taking the credit. Hence, he prayed that the matter may be remanded to the Commissioner to verify this aspect. We, however, note that there is no specific finding by the Hon'ble Supreme Court that if the credit is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the reversal has been made but it is done belatedly. 3 A finding of fact recorded by the Appellate Tribunal in paragraph 8 is that not only that there was reversal of credit, but the respondent paid interest of ₹ 4,71,189/. On this ground, the order of the Commissioner imposing penalty has been set aside. Today, the learned counsel for the appellant is not in a position to substantia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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