2018 (9) TMI 1365

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....er (Advocate) for Appellant Shri Rajeev Ranjan (Addl. Commr.) AR for Respondent ORDER Per: Archana Wadhwa After hearing both the sides duly represented by Shri Rajesh Chhibber advocate and Shri Rajeev Ranjan Additional Commissioner, we find that the appellant, who is engaged in the manufacture of Tor Steel, was availing the benefit of Cenvat credit of Service Tax paid on various input ....

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....f the audit and reversed the credit along with payment of interest. 3. In the above scenario, proceedings were initiated against them for confirmation of demand by denying the Cenvat credit as also for imposition of penalty. The notice issued to the appellant resulted in passing of the present impugned order by the Commissioner vide which the reversal entries already made by the appellant were ....

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.... Authorities that the said credit, though availed, was not utilized by them and remained only as a paper entry in their records. The said plea of the appellant has not been rebutted by the Adjudicating Authority and in such a scenario, no mala fide can be attributed to them so as to impose penalty. Similarly, in respect of the credit of Rs. 1.28 lakhs approximately, he submits that they availed....

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....ng payments for the services. It is also seen that during intervening period the credit availed remained as a paper entry only and was not utilized by the assessee. Though in such a case even the interest was not required to be paid in terms of the Hon'ble Karnataka High Court decision in the case of Bill Forge Pvt. Ltd. vs. CCE & ST, LTU, Bangalore - 2012 (279) E.L.T. 209 (Kar.), the appellant re....