9911796707
TMI Blog2011 (3) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... fide errors need to be condoned under the discretionary powers provided for in the law. All the judgments cited above and relied upon by the appellant fully support the contention of the appellant assessee in this regard. Accordingly we set aside the penalty amount of Rs. 5448/- confirmed in the impugned order. - E/1057/2009 - A/215/2011-WZB/C-II/(EB) - Dated:- 11-3-2011 - S/Shri Ashok Jindal, P.R. Chandrasekharan, JJ. REPRESENTED BY : Shri M.H. Patil, Advocate, for the Appellant. Shri N.A. Sayyed, JDR, for the Respondent. [Order per : P.R. Chandrasekharan, Member (T)]. This appeal and stay application has been directed against the OIA No. P-I/VSK/183/2009, dated 27-7-2009. 2. The brief facts of the case are as follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and also imposed equivalent penalty under Section 11AC read with Rule 15 of the Cenvat Credit Rules. 3. M/s. DW preferred an appeal before the Commissioner (Appeals). The Commissioner (Appeals) in his order dated 27-7-09 held that the taking of cenvat credit twice was a bona fide mistake and reduced the penalty from Rs. 54,488/- to Rs. 5,448/-. His order is completely silent as to the confirmation of duty demand of Rs. 3,94,408/-. However, he confirmed the imposition of penalty of Rs. 3,94,806/- under Section 11AC. The appellant has paid the said amount under protest. The appellant is before us against the said order in appeal for stay of the demands confirmed. The appellant submits that in the light of the judgments of this Tribunal, no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due to double entry, as soon as the mistake was pointed out, the appellant had reversed the credit and also paid the interest thereon. The Commissioner (Appeals) while reducing the penalty has rightly observed that it was a bona fide error on the part of the appellant. We are of the view that when the error itself is bona fide as found by the lower appellate authority, such bona fide errors need to be condoned under the discretionary powers provided for in the law. All the judgments cited above and relied upon by the appellant fully support the contention of the appellant assessee in this regard. Accordingly we set aside the penalty amount of Rs. 5448/- confirmed in the impugned order. 5. In sum, we set aside the impugned order and allow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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