2009 (6) TMI 853

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..... sides. 2. Shri K.K. Biswas, learned Advocate appearing for the Appellants states that in this case, the Appellants wrongly took 100% credit in respect of the capital goods received by them during the year, 2004-05. When they came to know the same, they intimated the Department by a letter dated 10-8-05 that the wrongly taken credit is being reversed along with the interest. They also intimated t .....

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..... are valid. There is no indication that the wrongly taken credit was pointed out by the Department. I find that the Appellants themselves have informed the Department about the mistake and they have also paid the interest on the wrongly taken credit amount, even though the same was not utilized. As such, the action of the lower Appellate Authority to enhance the penalty to Rs. 83,598.00 is not jus .....

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