2006 (11) TMI 507

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..... spondent. [Order]. Heard both sides. The learned Advocate appearing for the Appellants submits that the issue relates to penalty and interest only. As regards the duty, the same is not contested. 2. The appellant has wrongly availed the credit of 100% of the duty paid in the first Financial Year. The learned Counsel submits that there is no contravention of Rule 4(2)(a) of Cenvat Credi .....

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..... been held that once the appellants have not utilized the credit, it cannot be said they had availed the same. The decision in the case of Piaggio Greaves Vehicles Ltd. reported in 2001 (127) E.L.T. 614 (Tri.-LB) where in para 9 the Tribunal has held that since the reversal was done by the manufacturer of himself without any order to that effect the imposition of penalty is not warranted. He also .....

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