2016 (7) TMI 872

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....ommr. (A.R) for respondent ORDER PER: RAMESH NAIR The appeal is directed against the Order-in-Appeal No. PI/AK/46/2013 dt.31.05.2013 passed by the Commissioner (Appeals), Central Excise, Pune-I, whereby the Ld. Commissioner (Appeals) dropped the part of the Cenvat Credit and corresponding penalty. 2. The fact of the case is that the appellant is "Authorized Dealer" for sale of four whe....

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....der, the appellant filed appeal before the Commissioner (Appeals). The Ld. Commissioner (Appeals) reduced the demand to Rs. 4,00,752/- and the remaining cenvat was allowed. Being aggrieved by the impugned order the appellant filed appeal before this Tribunal for dropping of demand and waiver of penalty imposed. 3. At the outset, Shri Kaustubh Khairnar, Ld. Counsel for the appellant submit that ....

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....onate credit should be reversed. He submits that it is a very difficult exercise to maintain separate account for Cenvat Credit attributed to the trading activity and taxable activity. Therefore there is no mala fide intention for availing the wrong availment of Cenvat Credit on the part of the appellant. The appellant's prayer is only for waiver of penalty and there is a reasonable cause to waive....

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....ommon input services even though some part of the input service is attributed to the taxable activity. The appellant also paid the interest. I find that looking to the nature of issue involved and the conduct of the appellant in as much as they have paid the entire Cenvat Credit along with interest, the appellant has been able to show the reasonable cause for availing the cenvat credit attributed ....