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TMI Blog2018 (5) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... alafide intention on the part of the respondent in distributing the CENVAT credit as input service distributor and mens rea does not stand established in the present case. Penalties - Held that: - if the CENVAT Credit is passed on as are ISD and that there was no evidence to show that it was done in malafide intention, the first appellate authority was correct in setting aside the penalties impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tributed by their I-lead Office and not eligible; due to which there is an intention to avail ineligible CENVAT credit and used the same, It is the submission that the judgement of the Hon'ble Apex Court in the case of Union of India v. Rajasthan Spinning & Weaving Mills - 2009 (238) ELT 3 (SC) and Union of India v. Dharmendra Textile Processors - 2008 (231) ELT 3 (SC) would apply in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the Hon'ble Apex Court stating equivalent amount of penalties needs to be imposed. In my considered view, if the CENVAT Credit is passed on as are ISD and that there was no evidence to show that it was done in malafide intention, the first appellate authority was correct in setting aside the penalties imposed by the adjudicating authority. 7. In view of the foregoing, I find that the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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