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TMI Blog2016 (4) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... s required to be imposed and to what extent. On the contrary, first appellate authority has given reasons to uphold penalty to the extent of ₹ 10,000/- only. Accordingly, bench is of the view that there is no justification to interfere with the order passed by the first appellate authority. - Decided against the revenue - Service Tax Appeal No.71335/2013 - Order No : FO/A/75281/2016 - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med the above amount and also imposed a penalty of ₹ 10,000/- upon BSNL under Rule 15 (2) of Cenvat Credit Rules, 2004. That the entire amount of Cenvat Credit disallowed and interest were paid by BSNL. That Revenues appeal with respect to penalty was dismissed by the first appellate authority when the quantum of penalty required to be imposed should have been higher. 3. Shri A.K. Bhatta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004 for availing Cenvat Credit wrongly and if so, then up to what extent. I find that for violation of the provisions of Rule 2 (a) of CCR, 2004 penalty is imposable under Rule 15 (1) of CCR, 2004 and as per provisions of Rule 15 (1) of CCR, 2004, if any person takes or utilize Cenvat credit in respect of input or capital goods or input services, wrongly or in contravention of any of the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment Department and the staffs and the officers of the department do not have any vested interest for evading tax or taking Cenvat Credit wrongly. They also maintained the records of Transmission Tower in their accounts book showing as capital goods and after the impugned order was passed they have reversed the Cenvat Credit taken by them. As such no suppression of facts or malafide intention is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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