2019 (3) TMI 1334

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....ught to be denied on the ground that the appellant cleared capital goods as such without reversal of cenvat credit. Therefore, cenvat credit to the tune of Rs. 9,76,387/- was denied. The appellant has contested the said issue on the ground that the appellant have shifted capital goods from their own unit to the another unit, in that circumstances, relying on the decision of this Tribunal in their own case reported in 2013 (1) TMI 142 - CESTAT Chennai, they are not required to reverse the cenvat credit as the appellant themselves are shifting goods from one unit to the another unit. Therefore, they will not any impact for reversal of cenvat credit and taking cenvat credit at the unit where the units have been transferred the goods and it is ....

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.... So we set-aside the order and allowed the appeal." Therefore, I hold that cenvat credit of Rs. 10,62,700/- is not required to be reversed. For that, no penalty is imposable on the appellant. 4. The show cause notice also proposed to recovery in terms of Rule 6 (3)(C) of Cenvat Credit Rules, 2004 on the ground that the appellant is providing taxable as well as exempted service, therefore, period prior to 01.04.2008 the appellant is restricted to avail cenvat credit upto 20% of the cenvat credit available in their cenvat credit account whereas during the period February 2008, the appellant has utilized more than 20% of the cenvat credit account for payment of service tax. Therefore, to that extent they are required to pay the said amou....