2009 (7) TMI 1062

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..... the order of the Commissioner (Appeals) No. 40/CE/Appl/DLH-IV/2007 dated 13-4-07, against the dropping of penalty imposed under Section 11AC by the original authority. 2. Heard both sides. 3. Relevant facts, in brief, are that the respondent is an assessee engaged in the manufacture of control panel. They have purchased Armoured cables and conductors and apparently, they have not used the same .....

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..... ning manufacturing certain new products and procured armoured cables and conductors and took credit to the tune of Rs. 3,86,053/-. As they could not utilise the same due to change in circumstances, they decided to sell the same to other parties who were requiring the same. The said inputs should have been cleared as such after reversing the credit taken by them. However, they cleared them on payme .....

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..... ase appears to be little strange. The respondent has not only reversed the entire credit but have paid substantial amount in cash towards duty which apparently, need not have been paid. I do not find any ingredients for attracting the provisions of Section 11AC. There appears to be excess payment of duty and no short levy. There is no appeal filed by the party before me. The Commissioner s order i .....

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