2010 (3) TMI 366

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..... ated 3-2-2000. The appellants were sanctioned similar refunds but there was no specific order to take credit of the remaining amount. Held that- the exporters are required to be encouraged by grant of legitimate rebate due to them, the credit taken by the appellant suo motu is regularized as a one time measure and the demand raised against them is set aside. However, for violation of rules, a tok .....

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..... and the balance amount was being allowed to be taken as credit in the CENVAT credit. He states that the prevalence of this practice is recognized by the Board's Circular No. 510/06/2000-CX dated 3-2-2000. In the instant case, the appellants were sanctioned similar refunds but there was no specific order to take credit of the remaining amount. However, the appellants have taken credit of the same a .....

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..... required to be encouraged by grant of legitimate rebate due to them, the credit taken by the appellant suo motu is regularized as a one time measure and the demand raised against them is set aside. However, for violation of rules, a token penalty of Rs. 5,000/- (Rupees five thousand only) is imposed on the appellants while setting aside the penalty equal to duty amount imposed by the authorities b .....

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