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TMI Blog2012 (6) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... ns, revised the calculations and submitted the calculation sheet to the department would show that appellant have acted in a bonafide manner. Hence, there was no intention to evade duty or avail wrong credit and what was happened appears to be a bonafide mistake. Penalty imposed u/s 11AC is set-aside. - E/1785 of 2010 - - - Dated:- 8-5-2012 - Mr. B.S.V. Murthy, J. For Appellant : Shri M.A. Patel, Consultant For Respondent : Shri S.K. Mall, AR Per : Mr. B.S.V. Murthy; Briefly stated the facts of the case are that on scrutiny of records of the appellant it was noticed that they had purchased raw materials from a 100% EOU and availed Cenvat Credit thereon. On detailed verification it was found that the appellant had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- was arrived at by him. It was submitted by the learned consultant that this amount was also worked out by the appellants themselves and the calculation made by them was accepted by the department. He submits that appellants did make a mistake while taking the credit but there was absolutely no intention to evade or take wrong credit. The very fact that, as soon as the department took an objection, the entire amount was deposited including education cess which was wrongly pointed out by department, would show the bonafide of the appellant. Only after studying the Rules and provisions of relevant rules, the appellant found that contrary to the observation of the department the appellant is eligible for full amount of education cess as cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore that Rs. 3,93,000/- under protest as soon as it was pointed and subsequently after going through the relevant provisions, revised the calculations and submitted the calculation sheet to the department would show that appellant have acted in a bonafide manner. Having regard to the facts and circumstances peculiar to this case, the obvious conclusion is that there was no intention to evade duty or avail wrong credit and what was happened appears to be a bonafide mistake. Appellants have deposited the cenvat credit taken wrongly with interest and in my opinion this is sufficient. Accordingly, the imposition of penalty under Section 11AC is not warranted. In the result, penalty imposed under Section 11AC is set-aside with consequential reli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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