TMI Blog2018 (1) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... unts which were found to be ineligible were reversed, there cannot be any mala fide intention attributable to the respondent for availment of cenvat credit twice or in one case, thrice - appeal dismissed - decided against Revenue. - E/86327/16-Mum - A/91634/2017 - Dated:- 19-12-2017 - Mr. M.V. Ravindran, Member (Judicial) Shri N.N. Prabhudesai, Superintendent (AR), for appellant Ms. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r interest and also for imposition of penalty. The adjudicating authority confirmed the demand raised, appropriated the amounts paid by the appellant and dropped the proceedings for the recovery of interest and imposed penalty under Section 11AC read with Rule 15(2) of the Cenvat Credit Rules, 2004. Aggrieved by such an order for imposing penalty, an appeal was preferred before the first appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted in 2015 (38) STR 131 (Tri.-Mumbai) has held that the respondent is liable to be penalized, even if they are Public Sector Undertaking. 6. Learned counsel submits that the Hon ble High Court of Bombay in appellant s own case, in an identical set of facts, has held that penalty under Section 11AC cannot be imposed. She produces a copy of the judgment of the Hon ble High Court as reported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ays sufficient excess balance in the cenvat credit account of the respondent herein of the amounts which were found to be ineligible were reversed. I find that there cannot be any mala fide intention attributable to the respondent for availment of cenvat credit twice or in one case, thrice. I find that the learned counsel for the respondent is correct in pointing out that identical issue has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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