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Bill Forge Pvt Ltd Versus Commissioner of Central Excise, Customs and Service Tax Bangalore-I

2015 (10) TMI 1973 - CESTAT BANGALORE

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 wi .....

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rds inasmuch as the same has occurred on account of change of place of the decimal in the figures of the credit. The appellants have paid interest to the extent of ₹ 3,81,412/-; which is penal in character. The observations of Commissioner (App .....

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here 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 .....

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aid on various capital goods and input services. The audit was conducted in the appellants factory and it was found that against the invoice dated 16.03.2009, the appellant had taken credit to the extent of ₹ 6,85,571-00 whereas the actual cred .....

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ir 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 arou .....

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imilarly in respect of another invoice, instead of taking the credit of ₹ 93050-00, the credit availed is to the extent of ₹ 9,33,050-00 which is simpliciter on account of noting down the wrong figures and it is not attributed to any mala .....

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t is their contention that imposition of penalty upon them is not warranted. On the other hand, learned AR has reiterated the stand of the Revenue and the reasoning adopted by the lower authorities. He submits that if the audit would not have pointed .....

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aken excess credit but the explanation offered by them is that this is on account of inadvertent mistake on the part of clerk responsible for maintaining records inasmuch as the same has occurred on account of change of place of the decimal in the fi .....

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