9911796707
TMI Blog2014 (10) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... 2(m) and 7 of the Cenvat Credit Rules, 2004 - Held that:- Identical proceedings were earlier initiated by way of two show cause notices, dated 21-9-2010 covering the period 2005-2006 to 2009-2010. These proceedings were however dropped by the Commissioner by the order dated 27-8-2012 on the ground that the demand for recovery of Cenvat credit cannot be raised against the Input Service Distributor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -3-2013 disallowed the Cenvat credit of ₹ 24,34,70,614/- allegedly wrongly availed by the appellant and distributed by IOC-AFS during the period 1-4-2010 to 31-3-2012, in contravention of Rules 2(l), 2(m) and 7 of the Cenvat Credit Rules, 2004; directed recovery of this amount; and imposed penalty of equal amount under Rule 15 of the Rules, for contravention of specified rules. The petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;For the aforesaid reasons and on a prima facie construction of the provisions of Rule 14 of the Cenvat Credit Rules, 2004, we are of the view that the impugned order is unsustainable. 4. Consequently, we set aside the impugned adjudication order and allow the appeal. We do so after waiving pre-deposit and hearing ld. Counsel, Ms. Tuhina Sinha for the appellant and Shri Govind Dixit, ld. DR ..... X X X X Extracts X X X X X X X X Extracts X X X X
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