TMI Blog2012 (12) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... of course it can be argued that this is not necessary, but it would have made offence case against appellants stronger. In any case, taking into account the fact that the recipients have paid the cenvat credit wrongly availed with interest, I find it fair to take a lenient view as submitted by the ld. Counsel. Accordingly penalty is reduced to Rs.15,000/- from Rs.1 lakh on each of the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Both Smith Industries and Smith Cast Forge (receiving units) have paid up cenvat credit with interest and also have paid 25% of the credit towards penalty and it was submitted by the ld. Counsel that both of them have chosen not to contest the charges and the matter has attained finality. 2. The issue before me is whether these appellants are liable to pay penalty of Rupees one lakh each co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition of penalty of rupees one lakh each according to the ld. Counsel, is very harsh. During the hearing, the ld. Counsel has argued at length that in this case there is absence of evidence of actual removal of goods and during the relevant time, Rule 26(2) had not been introduced making the issue of invoices as an offence. But he was seeking leniency in view of the fact that for such a small amo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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