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2011 (6) TMI 31 - CESTAT, CHENNAIPenalty and interest - Availing excess credit over and above the actual duty paid - The duty amount paid by M/s. CPCL to the exchequer is less than the amount indicated in the invoice issued by M/s. IOCL, the appellants are not entitled to take the entire amount as credit as the law provides credit to be taken only to the extent of duty paid - Held that: the appellants are not at fault but their supplier M/s. IOCL is responsible for indicating higher amount of duty in the invoice than what was actually paid by M/s. CPCL - Under the circumstances, the excess amount of credit taken by the appellants over and above the actual duty paid to the exchequer by M/s.CPCL requires to be made good by the appellants along with interest on the same. As regards the penalties imposed on the appellants,held that in the circumstances of the case since M/s. IOCL were at fault and they have already been penalized for the same as submitted by the revenue, there is no justification for imposing penalty on the appellants.
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