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TMI Blog2021 (4) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... g the relevant period in their cenvat credit account which was reversed and the Department was informed vide its letter dt. 14/10/2015 regarding the reversal of the said credit. Further the Division Bench of this Tribunal in the case of YCH LOGISTICS (INDIA) PVT. LTD. VERSUS C.C.E C.S.T. -BANGALORE SERVICE TAX- I [ 2020 (3) TMI 809 - CESTAT BANGALORE] has considered the aspect of imposition of penalty under Section 78 and has dropped the penalty after considering the various decisions relied upon by the assessee. The imposition of penalty under Section 78 in the present case is not sustainable - Appeal allowed - decided in favor of appellant. - Service Tax Appeal No. 20097 of 2020 - Final Order No. 20099/2021 - Dated:- 6-4-2021 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 46,14,735/- During the audit itself, vide letter dt. 22/09/0215, appellant was asked to reverse the wrongly availed credit of ₹ 46,14,735/- and the appellant vide letter dt. 14/10/2015 reversed the said amount and requested for waiver of penalty. Thereafter a show-cause notice dt. 15/12/2015 was issued to the appellant and the same was adjudicated vide Order-in-Original dt. 09/08/2018 confirming the demand which was already reversed and appropriated and imposed penalty of ₹ 46,14,735/- under Section 78(1) of Finance Act, 1994. Aggrieved by the said order, appellant filed appeal before the Commissioner(Appeals) who rejected the said appeal. Hence the present appeal. 3. Heard both sides and perused the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of CCE, Bengaluru Vs. Vilax Industrial Fabrics Survey [2018-TIOL-1363-HC-KAR-CX] has upheld the decision of the Tribunal dropping the penalty. 5. On the other hand, the learned AR reiterated the findings of the impugned order. 6. After considering the submissions of both sides and perusal of the material on record, I find that it is not disputed that the appellant reversed the cenvat credit on impugned services on being pointed out by the Department before the issuance of the show-cause notice. Further I find that the appellant has not utilized the said credit and had sufficient balance during the relevant period in their cenvat credit account which was reversed and the Department was informed vide its letter dt. 14/10/2015 regardin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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