2018 (8) TMI 478

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.... much before the issuance of show cause notice they have reversed the same. This issue pertains to wrong availment of Cenvat Credit of Rs. 94,208/- on the basis of bill of entry dated 12/12/2013 which was in favour of the appellant's sister concern situated at the same address as that of the appellant i.e. 18/04, Mathura Road, Faridabad, Haryana. 3. During the course of audit by the departmental officers in the month of January, 2016 the discrepancy for the period 2013-14 was pointed out to the appellants and they realized their mistake and without contesting or awaiting for show cause notice, they immediately paid back the amount of Rs. 94,208/- on 25/02/2016 itself to avoid any penal action. A show cause notice for the wrong availment ....

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....ised the wrongly availed credit. 5. The Ld. AR appearing for the Department reiterated the findings recorded in the impugned order. 6. It is not disputed that on pointing out by the audit team of the Department immediately the appellants reversed the credit on 25/02/2016 whereas the show cause notice for the same was issued on 16/05/2016. In other words the appellants immediately reversed the Cenvat Credit wrongly availed by them on pointing out by the Department. This itself shows that there is no intention on the part of the appellants to evade payment of tax rather they were having sufficient balance in their Cenvat Credit account. To attract levy of penalty as per the provisions of Section 11AC of the Central Excise Act 1944 the R....