9911796707
TMI Blog2018 (8) TMI 1271X X X X Extracts X X X X X X X X Extracts X X X X ..... at the appellants had not utilised the Cenvat credit. In these circumstances, the claim of the appellants that they have reversed the credit without utilising the credit is rejected as unsubstantiated - demand of Interest sustained. Imposition of penalty - Rule 15(1) of Cenvat Credit Rules - Held that:- The said Rule prescribes that penalty can be imposed if the appellants took any credit wrong ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out utilising the same and therefore no interest could be demanded. The appellants submitted a chart of balance in their Cenvat account at the end of each month from 2007-2008 to 2011-2012 to substantiate their claim. They were informed that they should submit the data of utilisation of credit each month as the fact regarding utilisation of credit can only be determined from data of utilisation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . He further argued that penalty can only be imposed if the department establish to prove that there was any intention to evade duty. Rule 15(1) of Cenvat Credit Rules reads as under :- Rule 15. Confiscation and penalty.- (1) if any person, takes or utilises Cenvat credit in respect of input or capital goods or input services, wrongly or in contravention of any of the provisions of these ..... X X X X Extracts X X X X X X X X Extracts X X X X
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