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2015 (10) TMI 1973 - CESTAT BANGALORE

2015 (10) TMI 1973 - CESTAT BANGALORE - TMI - Denial of excess availed CENVAT Credit - discrepancy happened is on account of placement of decimal in the figures of duty reflected in the invoices - Imposition of penalty - Held that:- Admittedly penalty is to be imposed in case an assessee acts with malafide intention and in a deliberate and contemptuous conduct. No doubt appellant had taken excess credit but the explanation offered by them is that this is on account of inadvertent mistake on the .....

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ide on the part of the assessee, I find that there is no justification for imposition of penalty upon the assessee. - Decided in favour of assessee. - E/Stay/25807/2013 in E/25599/2013-SM - Final Order No. 21871 / 2015 - Dated:- 3-8-2015 - Smt. Archana Wadhwa, Judicial Member For the Petitioner : Mr. M.A. Narayana,Adv Mr. N. Jagadish, A.R. : For the Respondent ORDER Per : Archana Wadhwa As per facts on record, the appellant is engaged in the manufacture of forged automobile components and were a .....

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₹ 95,841-00. The appellant admitted their mistake that there was an excess availment of CENVAT credit but submitted that it was an inadvertent mistake on the part of the clerical staff responsible for maintaining the records. They submitted that they are taking credit on the basis of around 4000 documents per month and the discrepancy which has happened is on account of placement of decimal in the figures of duty reflected in the invoices. Instead of taking credit of ₹ 68,557-00, th .....

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