2008 (6) TMI 420

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..... ondent. [Order]. -  Common issue involved in both the appeals and, therefore, they are taken up together for disposal. 2. The relevant facts of the case, in brief as per records, are that by Final Assessment Order dated 1-11-2004, the assessee was entitled to refund of  Rs. 2,94,085/-. In terms of the Assessment Order, the assessee availed Credit of Rs. 2,94,085/- on 27-11-2004. .....

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..... with Section 11AC of the Central Excise Act, 1944. The Commissioner (Appeals) modified the Adjudication Order to the extent that penalty was reduced to Rs. 25,000/-. The assessee filed appeal before this Tribunal for setting aside the penalty as well as Revenue filed appeal for enhancement of the penalty. 3. The ld. Advocate on behalf of the assessee submits that the same Asstt. Commissioner .....

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..... not permissible under the law and he submits that the assessee knowingly committed the irregularities and, therefore, penalty under Section 11AC of the Act is justified. 5. After hearing both the sides and on perusal of the records, I find that by Assessment Order dated 1-11-2004, the assessee was entitled to avail the refund of the Credit. The assessee themselves debited the Credit when po .....

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