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2015 (3) TMI 34 - CESTAT BANGALOREBenefit of Cenvat credit scheme in terms of the Cenvat Credit Rules, 2004 - Availment of excess as well as short credit - Held that:- excess credit availed as well as short credit availment occurred due to clerical error, we consider that the penalty need not have been imposed on the appellant. Such mistake should not have been continued for more than three years. Nevertheless, in the facts and circumstances of the case, we consider that the appellant does not deserve to be visited with penalty. Accordingly, while confirming the demand for Cenvat credit with interest, we set aside the penalty imposed on the appellant. - Decided partly in favour of assessee.
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