2024 (6) TMI 85

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....submission of the appellant that the demand beyond the normal period of limitation was time barred and they were not liable to pay interest and penalty, I find that the issue involved, had already been clarified by the CBIC, way back in 2011. Further, under the self-assessment procedure prescribed under the statute, the appellant were required to take & utilize CENVAT credit correctly, whereas in this case, wrong availment & utilization of CENVAT credit was detected only during the auditing of their records. Even when this issue was pointed out to the appellant, they did not take appropriate steps to reverse or deposit the CENVAT credit. Moreover, the appellant had not shown the details of such CENVAT credit in their returns separately. Thu....

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....52,794/- (Rupees fifty two thousand seven hundred and ninety four) only should not be recovered from them under Rule 14(1)(ii) of Cenvat Credit Rules, 2004 read with Section 11A(4) of the Central Excise Act, 1944 & alongwith interest under Section 11AA of the said act. ii. Penalty should not be imposed upon them under Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC(1) of the Central Excise Act, 1944. iii. Interest Rs.536/- should not be recovered from the noticeee under Section 75 of the Finance Act, 1994. iv. Rs.4,541/- paid by the noticee vide challan No.00003 dated 18.12.2018 should not be appropriated against the demand under para No.7(l) above. 2.3 Credit sought to be denied in the show caus....

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....ed consultant appearing on behalf of the Appellant and Shri A. K. Choudhary learned Authorized Representative appearing for the Revenue. 4.1 I have considered the impugned order alongwith submissions as made in the appeal during the course of argument. 4.2 Undisputedly the credit has been taken by the Appellant in their Cenvat Account during the period as indicated in the table below:- Cenvat credit taken on Rent-a-cab service Service Month Bill Amount 40% value S Tax payable Credit taken Amount Credit taken date April 72795 29118 4368 4077 5.7.16 May 72968 29187 4378 40....

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....entral Excise Act, 1944 is invokable to recover the said dues. The noticee is also liable for penal action under Section 11AC(1) of the said Act read with Rule 15(2) of the Cenvat Credit Rules, 2004 due to the aforesaid reasons." 4.4 Order-in-Original also records as follows:- "5.6 During audit it has come to notice of the department that the CENVAT credit was taken by the party as ST-3 returns have information about consolidated CENVAT credit only and the CENVAT registers were never produced before the department earlier. Hence the judgement of Hon'ble Supreme Court in the case of Pushpam Pharmaceuticals Vs. CCE reported in [1995 (78) E.L.T. 401 (SC)] cited by the party is not applicable here. Under the circumstances, the provi....