2018 (12) TMI 490

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....e raised objection that the appellant have taken credit wrongly and insisted the appellant for reversal of the same. Accordingly, the appellant have reversed the credit amounting to Rs. 5,51,746/- thereafter, vide letter dated 06.07.2014 they filed a request letter to the Jurisdictional Deputy Commissioner for allowing the re-credit, as they were not liable to reverse the same. The Revenue has not responded to this letter. Subsequently, they re-credited that Cenvat Credit. On such re-credit the Show Cause Notice was issued for recovery of the said re-credited amount it was also proposed to demand interest and for imposition of penalty. The adjudicating authority has not disputed about the merit that whether the credit is admissible under Ru....

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.... VS. C.C.E -VADODARA-ll-2005 E.L.T 406 (Tri.-Mumbai) 3. Shri. S.N. Gohil, Ld. Superintendent (AR) appearing on behalf of the Revenue reiterates the finding of the impugned order. He submits that the appellant have taken the suo moto credit which is not permissible under the law, therefore, the demand rightly confirmed by the lower authority and upheld by the Commissioner (Appeals). 4. I have careful considered the submissions made by both the sides and perused the records. I find that firstly the audit objection was absolutely wrong on the face of the statutory provision which is reproduced below. "During the course of Audit, from Cenvat records and Balance Sheet 2012-13, it has been observed that the assessee have short paid Service Tax....