2013 (10) TMI 1443

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..... Shri N. Jagadish, Superintendent (AR), for the Respondent. 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 t .....

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..... r, appellant did not do so and consequently, 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 .....

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..... le to pay interest. The learned counsel also agrees 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 t .....

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