TMI Blog2018 (1) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... vailable on their activities. In the absence of any evidence to show that such availment was being carried out by the appellant with a malafide intention, penal provisions should not be invoked. Extended period of limitation - Held that: - the notice issued after limitation from the date of the audit, had to be held as barred by limitation, inasmuch as the suppression, if any came to be notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant was availing Cenvat credit of duty paid on various inputs used in such repairing activities. 2. On a visit undertaken by the officers in the appellant s factory on 22.12.2010, the said discrepancy was noticed and appellant was directed to reverse the proportionate credit in respect of inputs used for repair maintainence of transformers. They did so under the intimation to the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As soon as the above fact was pointed out by the officers, they immediately reversed the credit along with interest. Learned Advocate submits that interest itself is penal in nature and as such imposition of separate penalty was neither justified nor valid. He also assails the impugned order on the point of limitation and relies upon the Hon ble Allahabad High Court s decision in the case of Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the extended period. In view of the Hon ble High Court s decision in the above referred case, I hold that the notice issued after limitation from the date of the audit, had to be held as barred by limitation, inasmuch as the suppression, if any came to be notice of the Revenue, when the audit were conducted. In view of the foregoing, I set aside the penalty imposed on the appellant and allow t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
