2018 (9) TMI 1053

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..... d that:- It is brought out from the facts that the appellant has reversed the credit before utilization and that they had enough credit balance in their Cenvat Credit account for the disputed period - The Hon’ble High Court in the case of Strategic Engineering (P) Ltd. [2014 (11) TMI 89 - MADRAS HIGH COURT] has categorically held that when the credit has been reversed before utilization, the inter .....

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..... 88,712/-. The Department was of the view that the said credit is not eligible and issued Show Cause Notice, proposing to demand the credit along with interest and for imposing penalties. After due process of law, the Original Authority confirmed the demand and interest and imposed penalties. In appeal, the Commissioner (Appeals) taking note of the fact that appellants had reversed the excess avail .....

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..... He pleaded that the penalty may be set aside. The learned Counsel also relied on the decision of the Tribunal in the case of Nova Petrochemicals Ltd. Vs. Commissioner of C. Ex., Ahmedabad-II, [2017 (49) S.T.R. 125 (Tri. Ahmd.)] 3. The learned AR, Shri R. Subramaniyan, supported the findings in the impugned order. 4. Heard both sides. 5. The issue for consideration is whether the pen .....

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