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2009 (5) TMI 255 - AT - Central ExciseImposition of penalty for wrong availment of credit – wrongly availed credit reversed on being pointed out by assessee’s internal audit - It is quite clear that the omission on the part of both the Units was found out by their own internal audit and corrective action was taken by the appellants themselves. Therefore, the decision of the Commissioner (Appeals) to impose nominal penalty cannot be found fault with. Since all the units belong to the same company, just because each unit is registered separately, it cannot be said that separate penalty must have been imposed. I do not find anything wrong with the discretion used by the Commissioner - As regards demand for interest, the Tribunal has been consistently holding that interest is not payable in respect of wrong credit availed if the balance available in the Cenvat credit account is more than amount of irregular credit throughout the period. – Thus, appeal filed by the Revenue has no merits and accordingly rejected.
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