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TMI Blog2011 (3) TMI 676X X X X Extracts X X X X X X X X Extracts X X X X ..... ommission - appellants directed to make a payment of interest as per the impugned order and penalty of Rs.5000/- under Rule 15(1) of CENVAT Credit Rules, 2004 for contravention of the provisions of law within thirty days of the receipt of the order - Decided against the assessee. - E/500/2010-Mum - A/265/2011/EB/C-II - Dated:- 18-3-2011 - Ashok Jindal, P R Chandrasekharan, JJ. For Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase is in narrow compass. Therefore, after waiver of pre-deposit of interest and penalty, we took up the appeal itself for disposal with the consent of both sides. 4. The facts of the case are that a show-cause notice was issued to the appellants alleging that they have availed inadmissible CENVAT credit on capital goods as they have availed 100% credit on capital goods instead of 50% during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants have paid entire amount. They have reversed the service tax credit taken by them. Both the lower authorities confirmed the demand and appropriated the same as the appellants have paid the entire amount. They have also confirmed the liability of interest and imposed penalty under section 11AC of the Central Excise Act, 1944 read with rule 15 of the Central Excise Rules, 1944. 5. The Aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . On careful consideration of the submission made by both the sides, we find that on pointing out by the department, the appellants have reversed the excess CENVAT credit taken by them but they have not paid the interest. We have seen in the paragraph 6 of the show-cause notice allegation has been made that the act of the appellants are of omission and commission. For omission and commission appro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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