TMI Blog2012 (5) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment of duty or to take inadmissible CENVAT credit – Held that:- appellant is not entitled to take CENVAT credit on basic excise duty and special additional customs duty which they have availed without any authority of law, option given to the appellant to pay 25% of duty as penalty within 30 days of the communication of this order, appeal as well as stay application are disposed of - E/1367/10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard both sides. 4. The learned Advocate for the appellant submits that the appellant are public sector undertaking and there is no intention of the appellant to evade payment of duty or to take inadmissible CENVAT credit. It is only a lack of knowledge of the billing clerk who has made the entry of availment of inadmissible credit in the account and being a technical error penalty under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty which they have availed without any authority of law. Therefore, the appellant cannot be escaped from their liability to be penalized. Accordingly, penalty equal to duty is confirmed. I also observed that both the lower authorities has not given any option to pay 25% of duty as penalty to the appellant as they have already reversed inadmissible credit along with interest as proviso (1) and ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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