9911796707
TMI Blog2016 (11) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... ventive Central Excise Division on 20.09.2006 who conducted various verifications and scrutinized the records. It was found that the appellant had availed Cenvat Credit of duty on the basis of the documents which were in the name of their other unit situated in Kalamb in Himachal Pradesh. Further, in respect of one invoice the credit was taken twice and in respect of one Bill of Entry, the credit was availed before the receipt of the goods in as much as they were still lying in warehouse pending ex-bond clearance. 3. The appellants authorized representative Shri Jindal in his statement recorded on the subject accepted the above excess availment of credit on the basis of the documents related to their Himachal Pradesh unit, which were sent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take in as much as their Head Office sent the said invoice to their unit located at Bhiwadi and the person responsible for maintain the records took the Cenvat Credit without noticing that the invoice were not in their units name. He submits that in any case the credit was available to their Kalamb unit. Similarly the fact of availment of credit two times in respect of the same invoice was a clerical mistake. Further, the availment of credit in respect of Bill of entry, prior to receipt of the goods is also a bonafide mistake of the assessee in as much as admittedly the credit was available to them after the receipt of the goods. He further clarified throughout out period in question they were having overflowing credit and as such there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , who had recently joined, I conclude that there was no malafide intention on the part of the assessee so as to impose penalty upon them. 9. Similarly in respect of availment of credit on the basis of Bill of Entry the same was available to them on receipt of the goods. As such it is only a question of time of availament of credit and such pre mature availment has not benefitted the assessee in as much as the credit availed was not put to use on account of already overflowing credit available with the assessee. This act of the appellant cannot be held to be a malafide intention so as to invoke the penal provisions against them. 10. In view of the foregoing declaration, I find no justifiable reasons to impose penalty on the appellant. Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
