Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (3) TMI 126 - AT - Central ExciseWaiver of pre deposit - CENVAT Credit - Imposition of penalty - Malafide intention - Held that:- The double entries and system errors had not been detected by the Department they would have continued to enjoy the benefit of ineligible credit at the expense of the exchequer. We find that the irregular availment of the credit was continued about four years. It is difficult to accept that the system error continued for four years. The learned counsel submitted that during the four years, audit was conducted and they have not detected the defect. We are not impressed with the submission of the learned counsel for the reason that it is not the duty of the audit party to examine the system error. On the other hand, we are convinced with the finding of the Commissioner that the applicant is a large corporate house and they have not detected the system error for four years. Hence, the applicant failed to make out a prima facie case for waiver of entire dues. - Partial stay granted.
|