Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 357 - CESTAT, MUMBAICenvat credit of an amount of Rs. 54488/- twice - under Section 11AB and also imposed equivalent penalty under Section 11AC read with Rule 15 of the Cenvat Credit Rules - AC. Coming to the issue of wrong Cenvat credit availed due to double entry, as soon as the mistake was pointed out, the appellant had reversed the credit and also paid the interest thereon. The Commissioner (Appeals) while reducing the penalty has rightly observed that it was a bona fide error on the part of the appellant. We are of the view that when the error itself is bona fide as found by the lower appellate authority, such bona fide errors need to be condoned under the discretionary powers provided for in the law. All the judgments cited above and relied upon by the appellant fully support the contention of the appellant assessee in this regard. Accordingly we set aside the penalty amount of Rs. 5448/- confirmed in the impugned order.
|