9911796707
TMI Blog2017 (12) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... ersed the credit of 1,60,975/- in June 2014 itself and he has also paid interest of 90,341/- payable under Rule 14 of CENVAT Credit Rules, 2004 - appellant have got sufficient CENVAT credit in their CENVAT credit account and they have not utilized the same, thus, interest not payable - reliance placed in the case of COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX LARGE TAXPAYER UNIT, BANGALORE Versus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod from December 2011 to June 2013, it was noticed that the appellant has availed CENVAT credit of inputs of ₹ 1,85,573/- without having any supporting invoices of the manufacturers. The appellant sought some time to produce the input invoices; however, they could not produce the same. Subsequently, it was stated that the same were misplaced by Accountant and the appellant reversed the cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds. 4. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same is passed contrary to the binding judicial precedent. He further submitted that non-production of input invoices is only a procedural lapse and there is no suppression of fact with intent to evade payment of duty as they have been filing the returns regularly. He further submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit account and they have not utilized the same and in view of the judgment of the Karnataka High Court in the case of Bill Forge reported in 2014 (4) TMI 969 and the decision of this Tribunal in the case of BEML Vs. CCE: 2016 (11) TMI 185-CESTAT-BANG., he is not liable to pay interest and penalty. Therefore, by following the ratio of the above decisions, I allow the appeal of the appellant and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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