2018 (1) TMI 1200

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..... er unit under the excise law by reversing the credit cannot be considered as a trading activity requiring the appellant to reverse the CENVAT credit availed on input services - demand cannot be sustained - appeal allowed - decided in favor of appellant. - E/42011/2017 - 42443/2017 - Dated:- 27-10-2017 - Ms. Sulekha Beevi C.S., Member (Judicial) Shri A.R. Sreenivasan, Consultant for the App .....

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..... oposing to recover the wrongly availed credit along with interest and also to impose penalties. After due process of law, the original authority confirmed the demand of ₹ 95,872/- along with interest and also imposed equal penalty. In appeal, Commissioner (Appeals) upheld the same. Hence this appeal. 2. On behalf of the appellant, ld. consultant Shri A.R. Sreenivasan submitted that when t .....

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..... d the impugned order. 4. Heard both sides. 5. It is brought out from the facts that the appellant has reversed the credit when the inputs are removed as such from the factory. The department has taken the view that such removal amounts on input services to trading and has directed the appellant to expunge the credit to the extent of the value of inputs removed by them. In fact, such removal .....

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