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TMI Blog2021 (7) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... credit availed on Works Contract Service and Man-power Supply Service immediately on being pointed out by the department. The credit was reversed in 2014 along with applicable interest. The issue whether the credit is eligible or not is a legal issue. No positive evidence is brought to light that the appellant had any fraudulent intention to avail such credit. Though the department alleges suppre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 2004. The appellant had availed input service credit of ₹ 2,21,200/- on Works Contract Service [Repair and Maintenance] and Man-power Supply Service [Driver] during the period from 2011-12 to 2012-13. During the course of audit, the department observed that the appellant is not eligible for such input credit and when pointed out by the audit officers, the appellant reversed the credit alo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suppression of facts and to invoke the extended period so as to impose and collect penalty. He relied upon the decisions of the Apex Court in the case of Commissioner of Central Excise, Chandigarh Vs M/s. Pepsi Foods Ltd., reported in 2010 (260) E.L.T.481 (S.C.) and Commissioner of Central Excise, Vapi Vs M/s. Kisan Mouldings Ltd., reported in 2010 (260) E.L.T.167 (S.C.) to argue that the longer p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant. He submitted that the impugned order required no interference. 4. Heard both sides. 5. On perusal of records, it is seen that the appellant has reversed the credit availed on Works Contract Service and Man-power Supply Service immediately on being pointed out by the department. The credit was reversed in 2014 along with applicable interest. The issue whether the credit is eligible or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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