2008 (3) TMI 568

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..... oth sides and perused the records. 2. The appellant filed this appeal against the imposition of penalty of Rs. 10,000/-. 3. The relevant facts of the case, in brief, are that the appellant availed credit of 50% of duty of Rs. 7,956/- on the capital goods and they returned back the said capital goods and reversed 50% of credit. But they have shown 100% amount of duty in their invoice. The Audit .....

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..... se notice. I noticed that the appellant availed credit of 50% of the duty and reversed the said credit, while returning the capital goods to the supplier. The payment of full amount of duty is recorded in their invoice and, therefore, there is no mala fide on the part of the appellant. The finding of the Commissioner (Appeals) that duty was deposited by the appellant on being pointed out by the De .....

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