9911796707
TMI Blog2018 (7) TMI 1772X X X X Extracts X X X X X X X X Extracts X X X X ..... uation was revenue-neutral and it cannot be said that appellants have gained anything by the said exercise, so as to make them liable to penalty - penalty set aside. CENVAT Credit - duty paying documents - certificate issued by the bank - denial of credit on the ground that such certificate issued by the bank does not give the proper details - Held that:- There is no dispute as regards the duty paid character of the services and receipt of said services in the appellant unit or their utilization in the course of their activities, or the appellant entitlement to the same otherwise - It is well settled law that such technical objections, in the absence of any other dispute, the availment of the credit should not be adopted for denial - cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to. Subsequently, the appellant reversed the proportionate credit belonging to the services relatable to their sister unit, who took the Cenvat credit of the same. There is no dispute on the part of the said fact. However, on the said ground, equivalent penalty stand imposed on them which is the subject matter of the present appeal. 3. We note that there cannot be any mala fide on the part of the assessee so as to invoke penal provision against them. Credit was admittedly admissible to them, either to the present unit or to their sister unit. Since there was only one common certificate given by the bank the appellant took the entire credit but on being pointed out by the Revenue, reversed the proportionate credit, which were availed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit by the present appellant is unauthorized. 6. We find no justification in the above arguments of the Revenue. We are informed that the head office was subsequently registered as ISD. There are many decisions of the Tribunal laying down that the availment of credit on the basis of ISD invoices even prior to its registration as ISD is appropriate and proper. As such the only procedural defect in taking the credit remains to be issuance of the invoices by Head Office which is rectifiable defect. Such procedural lapses cannot be made the basis for denial of the substantive rights of assessee to which he is otherwise entitled to. As such we find no reasons to deny the credit on the said count. 7. Consequent to foregoing discussions, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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