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TMI Blog2018 (9) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... aniyan, AC (AR) for the Respondent ORDER Brief facts are that the appellants who are engaged in manufacture of Nylon mono-filament Yarn, were availing the facility of Cenvat Credit of the duty paid on inputs and capital goods as well as service tax paid on input services. During the course of verification of accounts, it was noticed that they have availed credit of duty paid on capital goods o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the appellant had reversed the credit immediately when the same was pointed out by the Department. The credit was availed twice inadvertently and there was no mala fide intention to evade payment of duty. He relied upon the decision in the case of Commissioner of C. Ex., Madurai Vs. Strategic Engineering (P) Ltd. [2014 (310) E.L.T. 509 (Mad.)] and submitted that when the wrongly availed cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Strategic Engineering (P) Ltd. (supra) has categorically held that when the credit has been reversed before utilization, the interest or the penalty imposed cannot sustain. Following the same, I am of the view that the penalty is unwarranted and requires to be set aside which I hereby do. 6. The impugned order, to the extent of imposing penalty, is set aside. The appeal is allowed, with consequen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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