2011 (8) TMI 33

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..... gaged in the manufacture of articles classifiable under Chapter 72 of the first schedule of Central Excise Tariff Act, 1985. During the period Sept 2003 to Jan 2007, appellants availed cenvat credit of Rs. 2,63,105/- in respect of goods such as MS Angles, Channels, beams, Plates, Sheets etc. During the audit of the appellant, departmental officers entertained a view that credit taken by the appell .....

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..... edit wrongly taken but not utilised has been settled against the appellant. Therefore, the appellant is not challenging reversal of cenvat credit as well as interest. However, as regards penalty, he submits that there were several decisions of the tribunal taking a view that credit is admissible in respect of MS Angles, Channels, Plates, Beams etc., till the matter was settled. He cited several de .....

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..... 206) RLT 573 (Tri. Delhi.)   (c) Lloyds Steel Inds. Limited vs. CCE Nagpur 2007 (211) ELT 275 (Tri. Mumbai)   (d) Bhusan Steel & Strips Ltd vs. CCE, Raigad 2008 (223) ELT 517 (Tri. Mumbai)   In view of the fact that there were decisions taking a view that credit is admissible on these items, it cannot be said that appellant indulged in suppression of facts/ mis-declaration with a .....

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