2007 (3) TMI 651

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..... or the Respondent. [Order]. After rejecting the request for adjournment, I proceed to decide the appeal itself inasmuch as short issue is involved. Accordingly, I have gone through the impugned order and heard learned JDR. 2. As per facts on record, appellant imported furnace oil on payment of basic Customs duty and countervailing duty. The appellant is entitled to take Modvat credit o .....

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..... ands of absence of mala fide. The same was also debited by the appellant immediately on being pointed out by the officers. It is further seen that the taking of excess credit, being a matter on record and always open to scrutiny of the department officers, cannot be made basis for attributing any mala fide intention to the appelant. In the circumstances, imposition of penalty upon them is not just .....

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