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TMI Blog2019 (3) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... versal of Cenvat Credit as claimed by the appellant was not inconformity with Rule 6 of the Rules. Therefore, denial of Cenvat benefit in the adjudication order is proper and justified. Demand of interest - Rule 14 of CCR Held that:- The said rule was amended w.e.f. 17.03.2012. The effect of amendment is that the word “or” was replaced with word “and”, resulting thereby that Cenvat Credit unle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NO: ST/87082/2018 - A/88318/2018 - Dated:- 22-11-2018 - Mr. S.K. Mohanty, Member (Judicial) Shri P.V. Sadavarte, Advocate for appellant Shri O.M. Shivdikar, Assistant Commissioner (AR) for respondent ORDER Per: S.K. Mohanty Brief facts of the case are that the appellant is engaged in providing various taxable services, defined under the Finance Act, 1994 and also e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it Rules, 2004 read Section 78 of the Finance Act, 1994. On appeal, the Learned Commissioner (Appeals) vide the impugned order dated 28.02.2018 has partially modified the adjudication order and reduced the quantum of disallowance of Cenvat Credit to the tune of ₹ 1,71,491/-and also penalty under Rule 15(3) of the Rules to ₹ 1,47,491/-. The impugned order has set aside the penalty impos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed provisions of Rule 14 of the rules, I find that the said rule was amended w.e.f. 17.03.2012. The effect of amendment is that the word or was replaced with word and , resulting thereby that Cenvat Credit unless utilized for payment of service tax on the output service, the interest demand cannot be fastened on the Assessee. However, since the reversal particulars and available balance in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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