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TMI Blog2018 (6) TMI 1069X X X X Extracts X X X X X X X X Extracts X X X X ..... Books of Account there is not attempt to avoid any reversal of credit, which required in terms of Rule 3(5B) of CENVAT Credit Rules. Therefore, mala fide intention is not proved against the appellant - penalty rightly set aside - appeal dismissed - decided against Revenue. - E/85260/18 - A/86509/2018 - Dated:- 23-5-2018 - SHRI RAMESH NAIR, MEMBER (JUDICIAL) Shri A.B. Kulgod, Asstt. Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here upon. A penalty under Section 11AC was also proposed. The show-cause notice was culminated into adjudication order whereby the demand of CENVAT Credit of ₹ 22,27,112/- was confirmed, interest under Section 11AB was demanded and an equal amount of penalty under Section 11AC was imposed. Being aggrieved by the Order-in-Original, the respondent filed the appeal before the Commissioner (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the penalty under Section 11AC was dropped. He submits that there is no mala fide on part of the respondent as they were regularly reversing the credit on written off quantity on their own and in some cases, the credit was not reversed in time. However, after pointing out, the respondents have admittedly reversed the credit. Therefore, mala fide intention is not proved. Accordingly, the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the following judgments: - (a) Sangrur Agro Ltd. 2006 (202) ELT 835 (Tri-Del) (b) Sangrur Agro Ltd. 2010 (254) ELT 25 (P H) (c) Eastern Medikit Ltd. 2009 (242) ELT 51 (Tri-Del) (d) GKN Drive Line India Ltd. 2017 (357) ELT 1083 (Tri-Chan) (e) Bosch Chasis Systems Ltd. 2018 (3) TMI 382-CESTAT-Mum (f) Balrampur Chini Mills Ltd. 2014 (300) ELT 449 (Tri-Del) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T Credit Rules. Therefore, mala fide intention is not proved against the appellant. Hence, the learned Commissioner (Appeals) has rightly dropped the penalty, which was imposed under Section 11AC by the adjudicating authority and I completely in agreement with the findings given by the learned Commissioner (Appeals) for setting aside the penalty under Section 11AC of the Central Excise Act. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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