2007 (3) TMI 493

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..... is present for the appellants. Accordingly, I have heard Shri Pramod Kumar, ld. JDR and have gone through the impugned order. 2. The appellants are engaged in the manufacture of printed cartons falling under Chapter 48 of the Central Excise Tariff Act, 1985, and were availing the benefit of Cenvat credit of duty paid on the inputs. During the visit of the Central Excise Officers at the appellant .....

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..... ation conducted to prove that the assessee had cleared the raw materials after availing the Cenvat credit intentionally to defraud the Government revenue. He further observed that show cause notice accepted the assessee s contention that the raw materials was shifted from the registered premises to a nearby gala for shortage of space. As such, he by observing that there is no mensrea, took a lenie .....

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..... ens rea on the part of the assessee, I am of the view on imposition of penalty equivalent to 100% of credit involved is not justified. A nominal penalty for procedural contravention would meet the ends of justice. As such, while upholding the imposition of penalty, I reduce the same to a token amount of Rs. 5,000/-. 6. As regards the confirmation of interest, it is seen that the credit was avail .....

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