2017 (11) TMI 279

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....er: Ramesh Nair The fact of the case is that the appellant availed the CENVAT credit of Rs. 2,46,325/- in respect of certain services which is in connection of shifting and setting of a new plant from Bhandup to Taloja and there to present location of the appellant. The other issue is that for non-reversal of CENVAT credit in respect of job work goods though the appellant had paid the CENVAT cr....

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....r present location of the appellant. He submits that even though the service was received in other unit of the appellant but it is related to setting of the plant of the appellant's factory therefore it is an input service for appellant and the credit is admissible. 2.1 As regard the penalty of Rs. 94,750/- imposed for non-payment of interest on the reversal of CENVAT credit as the inputs sent ....

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....ppearing on behalf of the Revenue reiterates the findings of the impugned order. 4. I have carefully considered the submissions made by both sides and perused the records. I find that as regard the issue that the appellant have availed the CENVAT credit of Rs. 2,46,325/-. I find that this credit is relating to shifting and setting of a plant from their own unit Bhandup to Taloja and then to pre....

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....view that there is no provision in the Act and Rules made there under for imposition of penalty for non-payment of interest. In absence of any such provision the demand of penalty of Rs. 94,750/- does not sustain and the same is set aside. 4.2 As regard the third issue of penalty of Rs.Rs.92,394/- towards reversal of excess credit availed, I find that as per the fact of the case, on pointing ou....