2008 (3) TMI 578

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..... al against the Order-in-Appeal No. 313/2006-C.E. dated 3-11-2006, passed by the Commissioner of Central Excise (Appeals), Mangalore. 2. The Respondents received certain capital goods. Instead of availing 50% credit in the first financial year and balance in the subsequent years, they availed the entire credit in the first financial year itself. This irregularity was pointed out by the Department .....

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..... s. Hence they are liable to penalty in spite of the reversal of the credit before the issue of show cause notice. 3. Heard the learned DR who reiterates the Grounds of the Appeal None appeared on behalf of the Respondent despite the issue of notice for hearing. 4. On a careful consideration of the matter, I find that the credit involved in the matter is only Rs. 7,082/-. It is seen that in .....

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