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TMI Blog2017 (11) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... t where the factory is shifted. For this reason also credit cannot be denied - credit allowed. Penalty - non-reversal of CENVAT credit in respect of job work goods though the appellant had paid the CENVAT credit but interest was not paid - Held that: - there is no provision in the Act and Rules made there under for imposition of penalty for non-payment of interest. In absence of any such provision the demand of penalty of ₹ 94,750/- does not sustain and the same is set aside. Penalty - excess credit availed - Held that: - as per the fact of the case, on pointing out the discrepancy of the Audit party, appellant have admittedly reversed credit of ₹ 89,478/-. It is also noticed that there is no adjudication of any amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,325/- this credit is related to shifting and setting of a plant from their own unit from Bhandup to Taloja and thereafter present location of the appellant. He submits that even though the service was received in other unit of the appellant but it is related to setting of the plant of the appellant s factory therefore it is an input service for appellant and the credit is admissible. 2.1 As regard the penalty of ₹ 94,750/- imposed for non-payment of interest on the reversal of CENVAT credit as the inputs sent for job work not received within 180 days, he submits that CENVAT credit was reversed which is not in dispute the penalty was imposed for non-payment of interest. There is no provision for imposition of penalty for non-paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the factory is shifted. For this reason also credit cannot be denied. I therefore set aside the demand of ₹ 2,46,325/- and corresponding penalty of equal amount and interest thereof. 4.1 As regard the issue of penalty of ₹ 94,750/- for non-payment of interest, I am of the view that there is no provision in the Act and Rules made there under for imposition of penalty for non-payment of interest. In absence of any such provision the demand of penalty of ₹ 94,750/- does not sustain and the same is set aside. 4.2 As regard the third issue of penalty of Rs.Rs.92,394/- towards reversal of excess credit availed, I find that as per the fact of the case, on pointing out the discrepancy of the Audit party, appellant hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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