TMI Blog2013 (10) TMI 1443X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent. ORDER [Order per : B.S.V. Murthy, Member (T)]. - The learned counsel submits that there is a delay of 78 days in filing the appeal. He submits that the appellant had handed over the records to the advocate-firm on 31-1-2012 for filing appeal but the matter was lost site off in their office and consequently there is a delay and requests that the delay may be condoned since negli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings were initiated which has resulted in confirmation of the demand for Cenvat credit of ₹ 15,85,951/- and imposition of penalty equal to the amount. Learned advocate submitted that it was only a procedural omission and credit was admissible. In any case, appellant was a LTU and therefore, they were entitled to transfer the credit from one unit to the other. 3. After considering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rees that appellant has no objection to this direction. As regards penalty, we find that this was a procedural omission and further appellant could have entertained a belief that since they could transfer the credit they could avail the credit also. Therefore, we consider that payment of interest would be sufficient in the facts and circumstances of this case and there is no need for imposition of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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