TMI Blog2022 (12) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... .2,06,485/- (-) 16,716) or Rs. 1,89,769/-. That I find that the court below have wrongly disallowed cenvat credit of Rs.10,09,135/-. Thus the impugned order is modified and the amount of disallowance of cenvat credit is restricted to Rs. 1,89,769/-. It is been stated by the learned counsel that this amount has already been deposited with the revenue. Further, I find that the appellant is entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the factory is located at Bhiwadi in the state of Rajasthan. There is another branch providing taxable service, which is registered with the Department as a service provider located at Delhi. For the period December 2015 to June 2017, the ISD head office distributed a total input credit of Rs.1,18,13,934/- on pro rata basis to the appellant manufacturing unit, out of which credit was taken for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit disallowed under Rule 14, but have further observed and dropped the demand of Rs.1,08,04,799/- (out of 1,10,11,284/-) and further imposed penalty of with Rs.10,091/- under Rule 15 (1) of the Cenvat Credit Rules, 2004 read with Section 11 AC (1)(a) of the Central Excise Act, 1944 and also demanded interest. Being aggrieved, appellant preferred appeal before the Commissioner (Appeals), who vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cating authority of the receiving unit have correctly disallowed the cenvat credit not eligible to the appellant manufacturing unit. 5. Assailing the impugned order, the learned counsel states that admittedly the amount of Rs.1,08,04,799/- has been accepted as rightly taken out of credit distributed by the ISD. Admittedly, the appellant have taken a total credit distributed of Rs.1,10,11,284/-. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned counsel that this amount has already been deposited with the revenue. Further, I find that the appellant is entitled to cenvat credit on broker services and depository service , as held by the Commissioner(Appeals). Thus, the appeal is allowed and the impugned orders are modified. The appeal is allowed. The penalty imposed is also set aside. (order dictated pronounced in open ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
