2012 (8) TMI 857

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..... lant had availed cenvat credit incorrectly in respect of the goods received from 100% EOU. Instead of availing as per the formula, the appellants have availed full credit. Since it was pointed out, the appellants debited the same without waiting for the show cause notice. Thereafter proceedings were initiated to confirm the demand for the amount already debited and for imposition of penalty which .....

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..... e decision cited above has taken a view that in such cases it cannot be said that there was suppression or mis-statement on the part of the assessee to avail cenvat credit wrongly. Moreover as soon as the omission was pointed out, the appellants have voluntarily debited the cenvat credit with interest without waiting for any proceedings to be initiated. The ld. C.A. submits that the liability for .....

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