TMI Blog2012 (7) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... r because of application of wrong formula - as that appellants paid CENVAT credit under protest as soon as it was pointed and subsequently after going through the relevant provisions, made the calculations and submitted the calculation sheet to the department would show that appellant have acted in a bonafide manner, as there was no intention to evade duty or avail wrong credit and what was happened appears to be a bonafide mistake - thus, imposition of penalty under Section 11AC is not warranted - decided in favour of assessee. - E/1749/2010 - - - Dated:- 1-6-2012 - Mr. B.S.V. Murthy, J. Shri M.A. Patel, Consultant: for Assessee. Shri R. Nagar, A.R.: for the Revenue. Per: Mr.B.S.V. Murthy: Briefly stated the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a. Further, even the original adjudicating authority, while accepting the stand taken by the appellant that the formula was not applicable in respect of the education cess and thereby reducing the demand also has not exactly indicated as to how the differential amount was arrived at by him. It was submitted by the learned consultant that this amount was also worked out by the appellants themselves and the calculation made by them was accepted by the department. He submits that appellants did make a mistake while taking the credit but there was absolutely no intention to evade or take wrong credit. The very fact that, as soon as the department took an objection, the entire amount was deposited including education cess which was wrongly point ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an excess availment of Rs.1,24,056/- as CENVAT credit but we do not know whether it was because of calculation mistake or because of application of wrong formula. Under these circumstances, the fact that appellants paid CENVAT credit under protest as soon as it was pointed and subsequently after going through the relevant provisions, made the calculations and submitted the calculation sheet to the department would show that appellant have acted in a bonafide manner. Further, the ld.Consultant also pointed out that the original adjudicating authority had appropriated the demanded amount from Rs.10,00,367/- reversed in CENVAT Credit under protest which the appellant found to be wrong. Even though the Department did not file appeal against ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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