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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Facts:
The appellant made wrongful/irregular availment and utilisation of CENVAT credit and voluntarily reversed the same. However, they were directed to pay interest under Rule 12/14 of the CENVAT Credit Rules, 2002/2004 for the period till the date of reversal. The appellant pleaded that the major part of the credit was not utilised. According to the appellant, interest was not payable for the fact that they had already reversed the credit before the issuance of the show-cause notice and against the allegation of suppression, the appellants argued that they had already disclosed all the material facts to Department through ER-1.
Held:
With regards to the interest payable on the wrong availment of credit it was held that reversal of credit before issuance of show-cause notice cannot take away the liability. Hence, appellant was held liable to pay the interest. However, it was concluded that there was no suppression of facts by the appellant and penalty on this count was withdrawn thus retaining penalty for wrong availment of credit.