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TMI Blog2009 (7) TMI 998X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order]. Being aggrieved with the order passed by Commissioner (Appeals) vide which he has upheld the order of the Assistant Commissioner not imposing penalty under Section 11AC, Revenue has filed the present appeal. I have heard Shri J.S. Negi, learned SDR, appearing for the Revenue and Shri S. Suriyanarayanan, learned advocate, appearing for the respondents. 2. As per facts on record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and by following the Larger Bench decision of the Tribunal in the case of Machino Montell (I) Ltd. - 2004 (168) E.L.T. 466 (Tribunal - LB) = 2004 (62) RLT 709 (CESTAT - LB). The said order was upheld by Commissioner (Appeals). Hence the present appeal. 4. The Revenue s only contention is that the said Larger Bench decision in the case of Machino Montell has been overruled by the Hon ble Punjab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one by the assessee with the due knowledge and intimation to the Revenue. It was also submitted that they had enough credit in their balance and the excess credit was not utilized by them and on being pointed out about the wrong calculation, they immediately reversed the excess availed credit. In these circumstances I find no reasons to invoke the Provisions of Section 11AC. The appeal filed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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