2017 (4) TMI 275

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..... t aside - Held that: - The fact that such credit entry were only made in the Cenvat credit accounts, but the credit so availed was not utilized before the actual validation period, I am of the view that such premature availment cannot be on account of any mala fide. If that be so, the appellants would not attract any penalty - appeal allowed - decided in favor of appellant. - E/51740/2016-EX(SM) .....

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..... payment for the value of the input services. 3. The appellant is not disputing the above factual position but submit that such premature availment of Cenvat credit was an inadvertent mistake and was not on account of any mala fide intention. They have further submitted that though they have availed the credit but same was not utilized and the closing balance of Cenvat credit of the relevant mo .....

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..... wise the availability of credit is not in dispute. 5. The fact that such credit entry were only made in the Cenvat credit accounts, but the credit so availed was not utilized before the actual validation period, I am of the view that such premature availment cannot be on account of any mala fide. If that be so, the appellants would not attract any penalty. 6. Accordingly, I set aside the pen .....

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