2012 (10) TMI 447

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....va, AR, for the Respondent. [Order]. - During the course of scrutiny of records, it was noticed that during the period March 2008 to February 2009 the appellant had availed cenvat credit amounting to Rs. 2,16,143/- of service tax paid on input services which are not covered in Rule 6(5) of Cenvat Credit Rules, 2004. The Rule 6(5) of Cenvat Credit Rules, 2004 provides that where specified ser....

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.... submitted that appellants have already reversed the cenvat credit and are not contesting the same. However, he says that there was no intention on the part of the appellant to avail the cenvat credit wrongly with an intention to evade duty. He submits that it was a bona fide mistake. As soon as the omission was pointed out, the appellants reversed the credit but did not pay the interest in view o....

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....8 (Tri. - Mad.) = 2010 (20) S.T.R. 279 (Tri.-Mad.) = 2009 (237) E.L.T. 551 (Tri.-Mad.) 6.      Commr (A)/106/VDR-I/2007 dated 28-5-07, in case of Tonira Pharma Ltd., Vadodara 3. However, now with the decision of the Hon'ble Supreme Court in the case of Ind Swift Laboratories Ltd. [2011 (265) E.L.T. 3 (S.C.)], the issue has been settled against the appellants and....

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....ision of the Hon'ble Supreme Court in the case of Ind Swift Laboratories Ltd. reported in 2011-TIOL-21 (S.C.) = 2011 (265) E.L.T. 3 (S.C.) and therefore interest is payable. 5. As regards penalty, appellant is a public sector unit and having regard to the size of the company and the operations of the company and also the circumstances which have been explained by the learned counsel, I fin....