TMI Blog2018 (2) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot legally sustained - appeal allowed - decided in favor of appellant. - Appeal No. E/569/2010 - Final Order No. 40298 / 2018 - Dated:- 1-2-2018 - Ms. Sulekha Beevi C.S., Member ( Judicial ) And Shri B. Ravichandran, Member ( Technical ) Shri T.R. Ramesh and Shri S. Ganesh, Advocates for the Appellant Shri S. Govindarajan, AC (AC) for the Respondent ORDER Per Ms. Sulekha Beevi The appellants are engaged in the manufacture of multiplexers and parts thereof and are availing the facility of CENVAT credit on inputs and capital goods. On investigation, it was found that they were availing credit on inputs like PCB assembly cards, cable assembly and chassis etc. It was noticed that they availed input credit in MS Excel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ils in MS Excel Worksheet and the eligibility of credit was worked out by a formula which resulted in taking of excess credit. The appellant had sufficient balance in the CENVAT account during the given point of time. There was no intention to gain undue advantage and the same was reversed before utilization. He relied upon the decision of the jurisdictional High Court in the case of Commissioner of Central Excise Vs. Strategic Engineering (P) Ltd. 2014 (310) ELT 509 (Mad.). He pleaded that the demand of interest and penalties may be set aside. 3. The ld. AR Shri S.Govindarajan reiterated the findings in the impugned order. 4. Heard both sides. 5. The appellant is confining the contest to the demand of interest and the penalties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. In fact, this Court has perused the entire decision reported in 2012 (26) S.T.R. 204 (Karnataka) (Commissioner of Central Excise S.T., Bangalore v. Bill Forge Private Limited) and ultimately found that mere taken of CENVAT credit facilities is not at all sufficient for claiming of interest as well as penalty. 11. It is an admitted fact that Rule 14 of the Cenvat Credit Rules as been subsequently amended, wherein it has been clearly stated as taken and utilised . Therefore, it is quite clear that mere taking itself would not compel the assessee to pay interest as well as penalty. Further, as pointed out earlier, the subsequent amendment has given befitting answer to all doubts existed earlier. Since, the subsequent amendment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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