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TMI Blog2007 (10) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... t amounting to Rs. 2,28,340/- on 12-6-2003 on the basis of invoice and by mistake took the same credit again on the basis of same invoices on 21st June 2003. Later on the mistake was detected by them on their own and they debited excess credit taken by them on 21-8-2003. The interest for the said period was also paid by them under Section 11AC on 4-3-2004. They were however issued a show cause not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich was detected by them by their own and therefore it cannot be a case of removal of goods without payment of duty. The correct provision of law is Rule 14 of the Cenvat Credit Rules which dealt with wrong availment of utilization of credit whereas Rule 8 deals with clearance of goods and payment of duties in respect of clearances made during the month by the 5th of following month. It is not th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2006 (200) E.L.T. 377 (Raj.) which decision has been followed by the Tribunal in the case of Eltex Super Castings Ltd. v. C.C.E., Coimbatore, 2006 (206) E.L.T. 230 (Tribunal) = 2006-TIOL-1453- 3. As regards penalty it was submitted that since the amount was deposited by them on their own and the mistake was inadvertent penalty should not be imposed. 4. Heard both sides. 5. I have considered the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than High Court, interest at that rate cannot be charged and accordingly interest will be chargeable @ 2% per annum as provided for in Rule 8(3). 6. As regards penalty it has been submitted that the goods have not been cleared without payment of duty and there is no contravention any of the rules referred therein, I find once it is held that the goods have been cleared without having sufficient b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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