TMI Blog2010 (8) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... e credit of special additional duty, the appellants promptly reversed the credit and paid the interest – Held that:- In view of nomenclature of the levy of additional duties in lieu of sales tax and local levies being “additional duties” they have taken credit bona fidely as they believed that all additional duties were eligible as credit - details of credit taken were furnished by them in the ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11-2006 and pointed out that they were not eligible for the credit of special additional duty, the appellants promptly reversed the credit and paid the interest. A show cause notice was issued on 18-5-07 alleging irregular availment of credit proposing demand of duty (which stood already paid along with interest) and proposing imposition of penalty. The show cause notice also proposed a demand of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sible as cenvat credit. He also submits that as soon as mistake was pointed out they promptly paid the duty involved. He submits that the details of credit taken stand included in the returns filed by them. As the wrongly taking of credit was under bona fide belief and the same on being pointed out, the appellants promptly paid the duty along with interest, the show cause notice itself should not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms Tariff Act, 1975. The submission on behalf of the appellants was that in view of nomenclature of the levy of additional duties in lieu of sales tax and local levies being additional duties they have taken credit bona fidely as they believed that all additional duties were eligible as credit. The submission deserves to be accepted. Further, as submitted by them, details of credit taken were fu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
