2009 (11) TMI 793

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..... he Commissioner (Appeals) No. 499/CE/CHD/2007 dated 17-10-07. 2. Heard both sides. 3. The appellants received imported inputs and availed Cenvat credit. They were entitled to take Cenvat credit of CVD paid on the imported goods. CVD had two components - basic excise duty and education cess. In addition to taking basic excise duty and education cess components relating to CVD, the appellant has .....

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..... that the Cenvat credit was reversed only on being pointed out by the Range Officer. 4. Learned Advocate for the appellants submits that it was a mistake in taking the credit of education cess relating to basic customs duty. The dispute relates to the period 9-7-04 to 31-3-05, the initial stage of introduction of Education Cess. They were under the impression that entire education cess was avail .....

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..... alty imposable was only Rs.10,000/-. He submits that under Rule 15(1) of Cenvat Credit Rules, for similar circumstances, the minimum penalty prescribed is only Rs.2000/-. 5. Learned SDR reiterates the finding of the Commissioner (Appeals). 6. I have carefully considered the submissions from both sides. It is definitely a mistake in taking credit of education cess on basic customs duty which is .....

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