2015 (9) TMI 1442

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..... se is not attributable to the situation involving suppression, misstatement, etc., in view of the fact that the appellant had sufficient balance in its Cenvat account to take care the deficiency. Since, the appellant has reversed the irregularly availed Cenvat credit and paid the interest therein, it is of the considered view that the appellant should get the benefit of the provisions of Section 1 .....

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..... tection of the mistake by the Audit Wing, was reversed and the reversal particulars were duly intimated to the Central Excise Department. The appellant submits that before issuance of SCN, the entire amount of irregular Cenvat credit along with interest has been paid and subsequent to payment of such amount, the Department initiated show cause proceedings for confirmation of the Cenvat demand and .....

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..... t to take care the deficiency. Since, the appellant has reversed the irregularly availed Cenvat credit and paid the interest therein, I am of the considered view that the appellant should get the benefit of the provisions of Section 11A(2B) of the Central Excise Act, for non-imposition of penalty. 4. In view of above, I do not find any merits in the impugned order passed by the Commissioner (Ap .....

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