Case Law Details
Sakthi Sugars Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai)
With regard to cenvat credit of input service availed for manufacture of exempted goods, namely, Ethyl Alcohol, the only argument put forward by the Ld. Counsel for appellant is that they had availed credit by inadvertent mistake. The said mistake would not have come to light but for the audit conducted by the Department.
CESTAT do not find sufficient grounds for setting aside penalty on input service tax credit in respect of Ethyl Alcohol. I uphold the same.
From the foregoing the impugned order is modified to the extent of setting aside the penalty imposed in regard to credit availed in respect of input services used in the co-generation plant for generation of Electricity sold outside. Penalty imposed in regard to input service tax credit on the services used in manufacture of Ethyl Alcohol is upheld.
FULL TEXT OF THE CESTAT CHENNAI ORDER
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