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TMI Blog2016 (11) TMI 921X X X X Extracts X X X X X X X X Extracts X X X X ..... t the appellant had taken credit of the entire quantity while a part of the quantity was transferred to their Baddi unit. On pointing out, the appellant reversed the credit after about a year and a half. They have also paid interest thereon. A show-cause notice was issued in October 2010 seeking to confirm the reversal already made and the interest already paid by them. The notice also sought to impose penalty under Rule 15 (2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. The original adjudicating authority as well as the first appellate authority confirmed the reversal and also the payment of interest. They also confirmed the imposition of penalty. Aggrieved by the said order, the appellant are b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Explanation 2. -For the removal of doubts, it is hereby declared that the interest under section 11AB shall be payable on the amount paid by the person under this sub-section and also on the amount of short-payment of duty, if any, as may be determined by the Central Excise Officer, but for this sub-section.] 72 [ Explanation 3 .-For the removal of doubts, it is hereby declared that no penalty under any of the provisions of this Act or the rules made thereunder shall be imposed in respect of payment of duty under this sub-section and interest thereon." 3. According to learned Counsel for the appellant, since they had reversed the credit and also paid the interest when the same was pointed out by the Revenue they are covered by the said sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or container loads from the sellers located outside India and upon import the inputs are then sent to other units of the Appellants based on specific production requirements. In case of such inputs being sent to other units, the appellants reverse proportionate credit availed in respect of such inputs". 6. Every time the inputs are cleared as such, the appellant is required to make invoice and the invoice contains the column where the duty reversed is to be mentioned. It is not something which can slip out of mind inadvertently. In this era of self assessment great trust has been placed on the assessee to do self assessment diligently and properly. In the instant case, it is apparent that the other unit to which the material was transferr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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