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TMI Blog2007 (3) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue came in appeal against the order dated 7-3-05 on the limited question whether the Respondent, who had availed Modvat credit reversed the same suo motu before issuance of show-cause notice, shall be exonerated from penalty when interest was paid by them. 2. Ld. DR for the Appellant-Revenue submitted that there is no doubt that the duty and interest has been paid but the Revenue was de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one and half years had elapsed. For deprivation of the legitimate revenue for the short period to the Government, they suo motu paid interest on the duty amount. There was no mischief at all caused to Revenue knowingly nor any contumacious conduct of the Respondent was found by Revenue. He further submitted that after reversal of credit, the matter came to the knowledge of the Department and ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 44, elements of that Section were absent. When essential ingredients of quasi criminal proceedings are absent, nothing can be concluded against the conduct and character of the Respondent and it is not imputable to penalty proceedings. Records should demonstrate that the offender had all along ill-will/motive to avail Modvat credit at the cost of Revenue. Therefore, in absence of contrary findings ..... X X X X Extracts X X X X X X X X Extracts X X X X
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