TMI Blog2015 (12) TMI 1256X X X X Extracts X X X X X X X X Extracts X X X X ..... ty has observed that there is no mala fide on the part of the assessee, I find that invocation of longer period is not justified on the said ground itself. It is well settled law the circumstances for invocation of longer period and for imposition of penalties on an assessee are identical. Once the bona fide of the appellants are not being doubted for the purpose of imposition of penalty, the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gas, iron and inward transportation. 2. Based upon the same, proceedings were initiated against the appellant by way of issuance of show-cause notice on 7.12.2009 proposing to confirm demand of ₹ 2,02,493/-, in terms of provisions of Rule 6(3) of CENVAT Credit Rules, for the period July 2005 to February 2007 i.e., by invoking the longer period of limitation. 3. The contention of the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant to evade duty. Considering the facts circumstances of the case and the fact that there was different opinions on the issue and the issue finally resolved by issue of letter dated 27.10.2009 by the Board. I hereby provide relief of penalty imposed under the provisions of Section 11AC of Central Excise Act, 1944 and confirm the duty along with the interest. The said part of the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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