9911796707
TMI Blog2014 (1) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... BAD] - The credit so availed was not even utilised by the appellant, the same was more or less in the nature of a paper entry - There was no mala fide on the part of the appellant to avail excess credit in the first year itself so as to invoke penal action against them - Imposition of penalty on the appellant in terms of Section 11AC was not called for - Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... identical amount. 2. I find that there is no dispute on facts. Admittedly, the appellants have availed the entire 100% Cenvat credit in the first year itself, whereas in terms of Rule 4(2) of Cenvat Credit Rules, 2004, they were required to avail 50% of the credit in the first year and balance 50% credit in the next financial year. However, the fact that they availed the entire 100% credit i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y case, the entire credit being available to the appellant, it was the timing of the availment of credit, which is being disputed by the Revenue. In such a scenario, when the credit was availed by making entries in the statutory records, no mala fide can be attributed to them. 5. I find that the Tribunal in the case of V.V.F. Ltd. v. C.C.E., Daman as reported in 2009 (246) E.L.T. 206 (Tri.-A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the appellant in both the cases. The appeals are disposed off in above manner." 6. Similarly, the Tribunal, in the case of C.C.E., Pune v. Panse Autocomp Pvt. Ltd. as reported in 2008 (223) E.L.T. 253 (Tri.-Mum.) has held as under : "4. On a perusal of the records it is seen that the allegation against the respondent which result the confirmation of demand of duty was in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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