2022 (4) TMI 129

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....S.S. Schedule etc., which are dutiable. The appellant is registered with the Department, regularly filed the periodical returns and also makes compliances. 3. The facts of the case, in brief, are that the appellant is engaged in manufacturing of S.S. Utensils falling under Chapter 73 of the Schedule to CETA, 1985 and were availing cenvat credit of duties paid on inputs and service tax paid on input services. 4. During the course of audit of the appellant, the auditors noticed that the appellant has cleared their excisable goods after paying central excise duty on assessable value under Section 4 of the Central Excise Act, 1944. The appellant had sold the goods from their factory premises to customers and were paying service tax on the out....

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.... payment of tax. He would submit that the cenvat credit was taken in statutory records and were duly mentioned in ER-1 return filed by the appellant for the respective months. The department had also noticed the same at the time of conducting audit of records of the appellant. He further submits that the cenvat credit was taken under bonafide belief. He also relies on decision given by the Hon'ble Madhya Pradesh High Court in the case of CCEST Vs. ZYG Pharma Ltd reported at 2017 (358) ELT 101 (M.P.) in which their Lordship has held that since availment of inadmissible cenvat credit was discovered during the course of audit and the assessee had been submitting monthly returns showing availment of subject credit and since such returns do not ....