2017 (12) TMI 500

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ive ORDER Per: Dr D.M. Misra This appeal is filed against OIA-VAP-EXCUS-000-APP-467-13-14 dt 09/01/2014 passed by the Commissioner of Central Excise, Customs and Service Tax (Appeals)-Vapi. 2. The short issue in the present appeal is: whether interest and penalty are leviable on the appellant for wrong availment of Cenvat Credit of Service Tax paid in respect of the services viz., 'Car/Mobile .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hey have bonafidely taken the credit therefore, penalty of equal amount of the credit availed is unwarranted and unjustified. 4. The Ld. AR for the Revenue reiterated the findings of the Ld. Commissioner (Appeals). He submits that since the appellant has incorrectly availed the credit and reversed only on after being pointed out by the department, therefore, suppression of fact is involved. Conse .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of the judgment of the Hon'ble Delhi High Court in the case of M/s Hindustan Insecticides Ltd case (supra), in absence any suppression or mis-declaration of facts. Also, I do not find merit on imposition of equivalent penalty on the appellant. Nevertheless, since the appellant has availed credit erroneously, keeping in view the overall circumstances of the case, imposition of penalty of Rs. 5,000 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X