2008 (7) TMI 789

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..... espondent. [Order]. The relevant facts of the case, in brief, are that the Appellants availed full Cenvat credit (i.e. 100%) on the capital goods in the same financial year. Upon detection by the Central Excise Officers, they reversed 50% credit in the same financial year. The Adjudicating Authority confirmed the demand of duty of Rs. 1,15,596/- and appropriated the amount as deposited b .....

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..... enalty are justified. He further submits that the case laws relied upon by the ld. Advocate is in connection with the imposition of penalty under Section 11 AC of the Central Excise Act, 1944. 4. After hearing both the sides and on perusal of the records, it is revealed from the Adjudication Order that the Appellant did not utilise the excess credit. It is observed by the Adjudicating Authority .....

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..... the Appellant is a newly started factory and the production has not yet been started. Therefore, considering the facts and circumstances of the case, I find that the Appellant should be cautioned for such violation of the rules and no penalty is warranted. In view of the above discussions, the impugned order is set aside. The appeal is allowed with consequential relief. (Order dictated pronoun .....

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