2018 (11) TMI 976

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....er CENVAT Credit Rules, 2004. During the course of audit, it was found by the department that the assessee has taken irregular CENVAT credit to the extent of Rs. 42,750/- on some services he has also availed an excess amount of Rs. 4,452/- as credit on some other services over and above amount mentioned in the invoices. Show cause notice was issued to the appellant proposing to recover these two amounts along with interest and it was also proposed to impose a penalty under Section 78 upon the appellant. Several other amounts were also proposed to be recovered irregularly availed CENVAT credit. The appellant did not dispute irregular availment of CENVAT credit and had reversed the same along with interest except to the extent of the above tw....

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.... interest. Learned Counsel submits that there is no intention to evaded payment of duty and there was only a genuine mistake on behalf of the appellant and hence no penalty may be imposed on the appellant. However, he prays that the entire demand was based on the audit of the transactions already recorded in the books of accounts of the assessee and therefore as per the proviso to Section 78 as applicable during the relevant period only 50% of the service tax amount is liable to be imposed as a penalty and they may be given the benefit of this proviso. 5. Learned Departmental Representative agrees with the facts of the case narrated by the Learned Counsel and produces before the Bench a letter from the Office of the Commissioner of Central....