2005 (4) TMI 363

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..... er per : S.S. Kang, Vice-President]. Heard both sides. 2. Appellant filed this appeal against the common adjudication order-in-appeal passed by the Commissioner of Central Excise whereby the demand was confirmed after claiming the credit in respect of capital goods and penalty was imposed on M/s. Indian Oil Corporation Limited as well as on Deputy Manager (Finance). The adjudicating authori .....

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..... ber 2001 in respect of 50% of duty. In the next financial year the appellant availed the credit of duty paid on the capital goods which was reversed in the month of December 2001. The adjudicating authority confirmed the demand in respect of 50% credit which was taken in excess of 50% duty paid in a financial year and imposed penalty. 4. Contention of the appellant is that they were entitled to .....

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