2024 (6) TMI 85

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....eyond 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. Thus, I find that there was suppression of facts....

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....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 cause notice included credit of Rs.4,541/- which is in no dispute in this appeal. 2.4 The....

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.... 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 4086 5.9.16 June 66824 26730 4009 3742 5.9.16 July 72470 28988 4348 4058 5.9.16 August 72250 28900 4335 4046 4.3.17 September 73716 29486 4423 4128 4.3.17 October 66960 26784 4018 3750 4.3.17 ....