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TMI Blog2019 (11) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... the same was found to be fully allowable at a later point of time after about 70 days. Admittedly there is no case of non receipt of inputs by the appellant. Further the inputs which were received in part, and the other part not received as on 30th June, 2015 was lying under the ownership of the assessee at the port or was in transit. Appeal disposed off. - Excise Appeal No. 53164 of 2018, 53869 of 2018 - Final Order Nos. 51391-51392/2019 - Dated:- 1-10-2019 - Hon ble Shri Anil Choudhary, Member (Judicial) And Hon ble Shri Bijay Kumar, Member (Technical) Shri G K Sarkar and Shri Prashant, Advocates for the appellant Shri H C Saini, Authorized Representative for the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng their mistake also calculated the applicable interest for the period 1/07/2015 to 10th September, 2015, amounting to ₹ 2,29,020/- paid by challan dated 1st May, 2017 relating to the balance quantity of 40664.10 MT received during the period 1st July, 2015 to 10th September, 2015. 5. It appeared to Revenue that the appellant violated the provisions of Rule 3(1) of CCR as they have taken and utilised excess credit violating the condition(s), that is, the receipt of goods in the factory of production. Accordingly, Show Cause Notice dated 01.03.2018 was issued proposing to recover the Cenvat Credit of ₹ 2,71,78,148/- attributable to 40664.10 MT of coke received after 30th June, 2015, with further proposal to levy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aggrieved the assessee is in appeal challenging imposition of penalty. The Learned Counsel for the assessee urges that there is only a venial breach by the asseesee. Admittedly, the appellant had received the full quantity of coke in their factory in due course within the next two months and 10 days. He states at best for taking of premature credit, they were liable to interest which they have already paid prior to issue of Show Cause Notice. He further relies on the ruling of this Tribunal in case of Indica Chemical Industries vs. CCE, Meerut [2002(149) ELT 335 (Tri.-Del)] wherein the ship load of coal was imported and the same was being transported to the factory which was received over a period of 1 month from 11th August, 1993 to 14t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Credit in question. 11. Having considered the rival contentions, we find that it is a case of taking credit, part of which was rightly taken and part of which was prematurely taken. Though the same was found to be fully allowable at a later point of time after about 70 days. Admittedly there is no case of non receipt of inputs by the appellant. Further the inputs which were received in part, and the other part not received as on 30th June, 2015 was lying under the ownership of the assessee at the port or was in transit. In this view of the matter, we find no merits in the appeal filed by the Revenue and dismiss the same. So far as the assessee appeal is concerned, we find that penalty imposed is also nominal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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