2019 (4) TMI 1843

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... EW DELHI] by following the ratio of the Hon ble Bombay High Court s decision in THE COMMISSIONER, CENTRAL TAX, PUNE-I COMMISSIONERATE VERSUS M/S. OERLIKON BALZERS COATING INDIA P. LTD. [ 2018 (12) TMI 1300 - BOMBAY HIGH COURT] where it was held that proportionate distribution of credit was not mandatory prior to amendment (w.e.f. 1-4-2016) in Rule 7 of Cenvat Credit Rules, 2004. The Deputy Director, CRA-II has communicated to the jurisdictional Commissioner through its letter dated 8-5-2018 that the audit para has been dropped. When the audit memo itself has been dropped, the present proceeding which has been originated from the said audit memo has become non est. Appeal allowed - decided in favor of appellant.
Shri Anil Choudhary, Membe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... quarely covered in its favour by the decisions of this Hon'ble Tribunal in its own case vide Final Order No. 50405/2019, dated 28-2-2019. In this case, the Hon'ble Tribunal has held that proportionate distribution of credit was not mandatory prior to amendment (w.e.f. 1-4-2016) in Rule 7 of Cenvat Credit Rules, 2004, by following the ratio of C.C.E. v. M/s. Oerlikon Blazers Coating India Pvt. Limited - 2018-TIOL-2688-HC-MUM-CX [2019 (366) E.L.T. 624 (Bom.)]. He has also submitted that the entire demand is barred by limitation because any mala fide intention cannot be attributed to the appellant when the entire exercise is revenue neutral. For the same reason, penalty also cannot be imposed on it. 4. The Learned Departmental Representa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nue in respect of audit memo bearing No. SOF-08/ST/2014-15 on record in the course of hearing. The show cause notice dated 3-3-2017 was issued to the appellant on the basis of said audit para. From the perusal of these documents, we have noticed that the Deputy Director, CRA-II has communicated to the jurisdictional Commissioner through its letter dated 8-5-2018 that the audit para has been dropped. When the audit memo itself has been dropped, the present proceeding which has been originated from the said audit memo has become non est. 9. In view of the aforesaid discussions, the appeal is allowed with consequential relief, if any, in accordance with law. (Operative part of the order pronounced in open Court)
Case laws, Decisions .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X