2018 (8) TMI 997

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..... ri Mohd Altaf (Asstt. Commr.) AR for Respondent ORDER Per: Archana Wadhwa After hearing both the said duly represented by Shri Rajesh Chhibber, Advocate for the Appellant and Shri Mohd Altaf (Asstt. Commr.) AR for the Revenue, we find that the appellant availed Cenvat Credit in respect of certain capital goods. Such availment was in accordance with law and there is no dispute about the same. .....

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..... onfirmation of interest and for imposition of penalty. The same stands culminated into impugned order passed by the authority confirming the demand, interest and imposing penalty of identical amount. Hence the present appeal. 4. Learned advocate appearing for the appellant though submits that the proceedings for appropriation of the debited amount were initiated after a period of one year from th .....

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..... number of judgments. As such we find no justification in confirmation of interest. 6. As regards penalty, we note that the law was amended somewhere in 2007 requiring an assessee to reverse the credit in respect of "written off goods". Prior to the said amendment in law, there were many decisions laying down that there was no such requirements to debit the already availed credit. As the period is .....

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