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TMI Blog2018 (5) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... e in favour of the appellants herein, in respect of interest, where it was held that interest need not be charged only for the purpose of taken the CENVAT credit - interest set aside. Penalty u/r 15 of the CCR 2004 - Held that: - the said rules cannot be invoked on the facts of this case as appellant themselves have reversed the CENVAT credit availed by them on the inputs which were used for ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o April 2011, appellants were receiving inputs on which cenvat credit was availed and certain quantity on inputs were used in the factory premises for other purposes than those related to manufacture. The appellant on his own has reversed the cenvat credit attributably to such inputs which were used for the purposes other than manufacture, in the factory premises. On being pointed out that they ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of taken the cenvat credit. As regards penalty, it is his submission that the question of penalty does not arise as they have on their own reversed the amount. He brings to the notice of the Bench that the judgement of Hon ble High Court of Andhra Pradesh in the case of Bharat Dynamics Limited is accepted by CBEC as per circular No. 1063/2/2018-CX, dated 16.02.2018. 6. Ld. DR reiterated the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elves have reversed the cenvat credit availed by them on the inputs which were used for other purposes. On this point, we hold that the penalty imposed is unwarranted and needs to be set aside. 9. In view of the foregoing, impugned order to the extent it is challenged before the Tribunal is set aside and appeal is allowed. (Pronounced in open Court on 25.04.2018) - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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