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TMI Blog2017 (9) TMI 1435X X X X Extracts X X X X X X X X Extracts X X X X ..... credit, which they have done on detection - the other Unit was entitled to avail credit. Thus, it is difficult to observe that there was fraud or collusion or mis-statement etc. for inter-unit transfer of goods - penalty set aside - the demand of CENVAT Credit along with interest is upheld - decided partly in favor of appellant. - Ex. Appeal No.301/11 - F/O/76064/2017 - Dated:- 26-4-2017 - Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey issued Invoice No. 1291 to 1296, all dated 27.09.2008 and reversed the credit. The remaining 50% of the credit was availed by them in the next financial year i.e. 2008-09 while the capital goods were not in their Unit I since the capital goods were already shifted/transferred to their Unit 11. However, the proportionate amount of ₹ 4,31,512/- has been debited by the appellant after availi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used the appeal records. 4. The Id. Counsel appearing on behalf of the appellant, submitted that it is a case of inter-unit transfer of capital goods. It is stated that Unit II only undertakes the processing jobs of Unit I. In any event, other unit of the appellant entitled to avail the benefit of CENVAT Credit. He referred to various case laws. 5. The Id. A.R. appearing on behalf of the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 11AC of the Act, cannot be imposed. 8. Hence, in my considered view, in the present case, imposition of penalty under Section 11AC is liable to be set aside. 9. In view of the above discussion, the demand of CENVAT Credit along with interest is upheld. The penalty imposed under Section 1 IAC is set aside. The appeal filed by the appellant is thus, partly allowed. (Operative part of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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