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TMI Blog2018 (7) TMI 1772X X X X Extracts X X X X X X X X Extracts X X X X ..... karwar, Member (Technical) Shri Rajesh Chhibber (Advocate) for Appellant Shri Mohd. Altaf (Asstt. Commr.) AR for Respondent ORDER Per: Archana Wadhwa After hearing both the sides, we find that the appellant is engaged in the manufacture of excisable products and were also availing benefit of Cenvat credit of service tax paid on various inputs services. 2. As a result of audit objection, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the present unit or to their sister unit. Since there was only one common certificate given by the bank the appellant took the entire credit but on being pointed out by the Revenue, reversed the proportionate credit, which were availed by the sister unit. As such the entire situation was revenue-neutral and it cannot be said that appellants have gained anything by the said exercise, so as to mak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccordingly, hold that the appellant is entitled to credit of said amount. 5. The third issue relates to denial of the credit on the ground that service tax stands paid by the appellant's head office under reverse charge mechanism and their head office should have issued the further invoices on the basis of which the present assessee should have taken the credit. Inasmuch as during the relevant pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o deny the credit on the said count.
7. Consequent to foregoing discussions, the impugned is set aside and both the appeals including the appeal of Shri Bharat Bhusan Authorized Signatory which is only against imposition of penalty are allowed. For clarification, we mention that a part of the order which is already in favour of the assessee remains unaltered.
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