Custom, Excise & Service Tax Tribunal
M/S. Kone Elevator India Pvt. Ltd vs Commissioner Of Central Excise, ... on 29 January, 2016
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH, CHENNAI
E/41518/2013
[Arising out of Order-in-Appeal No.176/2013 (M-IV),dated16.04.2013 passed by the Commissioner of Central Excise& Service Tax (Appeals), Chennai]
M/s. KONE ELEVATOR INDIA PVT. LTD.
APPELLANT
Versus
COMMISSIONER OF CENTRAL EXCISE, CHENNAI-IV
RESPONDENT
Appearance:
For the Appellant Shri S. Shivathanu Mohan, Adv.
For the Respondent Shri B. Balamurugan, AC (AR) CORAM:
Honble Shri D.N. Panda, Judicial Member Date of hearing/decision 29-01-2016 FINAL ORDER NO. 40132 / 2016 Learned counsel says that when three inputs entitle the appellant to the claim of Cenvat credit, it had taken the same. Thereafter, it reversed the credit on the conception that there should be no dispute. In spite of reversal, there is penalty against the appellant. It is further stated that consequent upon reversal interest due to the State has also been paid.
2. Considering the submission as above, matter is remanded to the Adjudicating Authority to examine whether the appellant has sufficient credit over and above the impugned credits. If that is available, the appellant shall not suffer penalty since no contumacious conduct of appellant comes out from record. Subject to verification of the reversal and availability of the credit, this order shall hold good. It is needless to say that the appellant is entitled to reasonable opportunity of hearing and the authority shall pass a reasoned and speaking order. In case, the Authority finds different factual scenario, he shall issue notice appropriately for levy of penalty, if any, under the circumstances.
3. Consequential, relief, if any, shall follow in accordance with law. (Dictated and pronounced in open court) (D.N. PANDA) JUDICIAL MEMBER ksr 01-02-2016 DRAFT Remarks I II III Date of dictation 29.01.2016 Draft Order - Date of typing 29.01.2016 Fair Order Typing 01.02.2016 Date of number and date of dispatch 01/02/2016 4 E/41518/2013