TMI Blog2008 (3) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent. [Order]. - The Revenue filed this appeal against the Order-in-Appeal No. 313/2006-C.E. dated 3-11-2006, passed by the Commissioner of Central Excise (Appeals), Mangalore. 2. The Respondents received certain capital goods. Instead of availing 50% credit in the first financial year and balance in the subsequent years, they availed the entire credit in the first financial year its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the respondent had violated the Central Excise Rules. Hence they are liable to penalty in spite of the reversal of the credit before the issue of show cause notice. 3. Heard the learned DR who reiterates the 'Grounds of the Appeal' None appeared on behalf of the Respondent despite the issue of notice for hearing. 4. On a careful consideration of the matter, I find that the credit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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