https://www.taxtmi.com/caselaws?id=326654 The appellant contested the imposition of interest and penalty for availing ineligible cenvat credit on capital goods and service tax credit. The Tribunal remitted the matter back to the Adjudicating Authority for re-decision based on the need for documentary evidence to determine credit utilization. The penalty was set aside due to the absence of proof of malafide intent, as required by the relevant legal provisions. Ultimately, the appeal was allowed for re-examination based on the presence or absence of documentary evidence regarding credit utilization. en-us Thu, 07 Apr 2016 00:00:00 +0530 Thu, 21 Apr 2016 10:24:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=326654 The appellant contested the imposition of interest and penalty for availing ineligible cenvat credit on capital goods and service tax credit. The Tribunal remitted the matter back to the Adjudicating Authority for re-decision based on the need for documentary evidence to determine credit utilization. The penalty was set aside due to the absence of proof of malafide intent, as required by the relevant legal provisions. Ultimately, the appeal was allowed for re-examination based on the presence or absence of documentary evidence regarding credit utilization. Case-Laws Central Excise Thu, 07 Apr 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=326654