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2015 (7) TMI 496 - AT - Central ExciseIrregular availment of capital goods credit availed on the CVD paid on the imported capital goods cleared under EPCG licence - Held that:- Appellant's case is squarely covered under Section 11A (2B) which stipulates not only voluntary payment of duty by the assessee but also any amount pointed out by the officers. In the instant case, it is evident that internal audit was conducted and the officers informed the appellant the irregular availment and directed the appellant to comply the audit para and the appellant complied immediately. I hold that there is no suppression of facts by the appellants with deliberate intention to evade duty. By respectfully following the decisions cited (2003 (9) TMI 625 - CESTAT, BANGALORE), [2011 (1) TMI 746 - KARNATAKA HIGH COURT] and [2010 (8) TMI 765 - CESTAT, NEW DELHI] while upholding appropriation of demand and interest, I set aside Section 11AC penalty in respect of appellant M/s.Aswin Textiles Pvt. Ltd. - As regards the co-noticee, original penalty of ₹ 48 lakhs imposed by the adjudicating authority was reduced to ₹ 1 lakh by the LAA. After considering the merits of the case, I do not find any merit for full waiver of penalty. Accordingly the reduced penalty of ₹ 1 lakh imposed on the co-noticee is upheld - Decided partly in favour of assessee.
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