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TMI Blog2018 (8) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Government account. Thus, under such circumstances, it cannot be said that taking of CENVAT credit of the duty amount paid into the Government exchequer would call for invocation of penal provisions contained in the CENVAT structure - also there is no mala fide intention - penalty not warranted - appeal allowed - decided in favor of appellant. - Appeal No. E/87637/2017 - A/86923/2018 - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment. The appellant had paid such amount and availed CENVAT credit in terms of Rule 3 of Cenvat Credit Rules, 2004. Taking of CENVAT credit was disputed by the department on the ground that w.e.f. 01.04.2012 there was no levy on account of such cess. Immediately thereafter, the appellant had reversed the CENVAT credit in its books of accounts and also paid interest for the delayed reversal of Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to penal consequences provided under sub-rule (2) of Rule 15 of the Cenvat Credit Rules, 2004 read with section 11AC of the Central Excise Act, 1944 inasmuch as availment of Cenvat credit was not owing to the reason of fraud, collusion, suppression etc., with intent to defraud the Government revenue. 4. On the other hand, learned D.R. appearing for Revenue reiterates the finding recorded in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the department has not brought on any iota of evidence to prove the malafide intention of the appellant in availment of such irregular Cenvat credit. Therefore, I am of the considered view that the penalty imposed on the appellant cannot be sustained in the eyes of law. 7. In view of the above, the impugned order, to the extent it imposed penalty on the appellant under Rule 15(2) ibid read wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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