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TMI Blog2018 (8) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... de the penalty imposed upon appellant and Revenue is not in appeal against that part of the impugned order - The circumstances for imposition of penalty as also for the invocation of extended period are identical inasmuch as both pre-suppose a mala fide mind with intention to evade payment of duty. It is well settled that if penalty has been set aside, thus leading to believing the bona fide of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the appellant were manufacturing excisable goods as well as doing some trading activities. As per the Revenue, the appellant availed Cenvat Credit on common services, which were being utilized by them in the manufacture of excisable goods as well as in providing trading activities. Accordingly, a view was entertained that the appellant has to reverse the specific amount of the value of traded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r did not reverse the amount in terms of Rule 6(3), which cannot be considered to be mala fide on their part. The said order of Commissioner (Appeals) is impugned order before Tribunal. 3. Learned Advocate appearing for the appellant assails the impugned order on the point of limitation. He submits that there was lot of confusion and the earlier decisions of the Tribunal held that the tradin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst that part of the impugned order. The circumstances for imposition of penalty as also for the invocation of extended period are identical inasmuch as both pre-suppose a mala fide mind with intention to evade payment of duty. It is well settled that if penalty has been set aside, thus leading to believing the bona fide of the appellant, the normal period of limitation would not be available to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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