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TMI Blog2017 (10) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... is entirely a revenue neutral situation, being inter-unit transfers, the penalty imposed is unwarranted - the penalties imposed u/r 15(2) of CENVAT credit Rules, 2004 read with Section 11AC of the CEA, 1944 set aside - decided partly in favor of appellant. - E/64/2008 - Final Order No. 41500 / 2017 - Dated:- 4-8-2017 - Ms. Sulekha Beevi C.S., Member (Judicial) and Shri Madhu Mohan Damodhar, Me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h goods were subsequently transferred to the EOU Unit. Due to inadvertence, the credit originally availed was not reversed. While the commercial production in EOU started in 2004, there had been transfer of inputs from SFL - III and at that time the appellant realized about the credit availed for items which had been dispatched to EOU, for which the credit was not reversed. When the officers visit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re transferred to the EOU Unit. However, the appellant had not suppressed any facts and had handed over the work sheet details of the credit availed and liable to be reversed by them when the officers visited the premises on 25.7.2005. That, therefore, the show cause notice issued invoking the extended period is not sustainable. He pleaded that the appellant had no intention to evade payment of du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing pointed out, the appellants have reversed credit of ₹ 15,49,876/- only. We, therefore, do not find any ground to interfere with the demand made by the authorities below. However, since the situation is entirely a revenue neutral situation, being inter-unit transfers, we are of the view that the penalty imposed is unwarranted. We, therefore, set aside the penalties imposed under Rule 15(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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