2012 (8) TMI 505

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..... p; The appellants are challenging the levy of penalty under Section 11AC of the Central Excise Act, 1944, on account of wrong availment of 100% Cenvat Credit on capital goods during the period July, 2008.   2. The facts of the case are that in July, 2008, the appellants wrongly availed 100% cenvat credit on capital goods. As they were not entitled to avail 100% credit as per Rule 4 (2) (a) .....

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..... re, the appellants have contravened the provisions of Section 11AC of the Act and therefore, they are liable to pay penalty on the same. As in the show cause notice itself, it has been stated that the appellants have availed cenvat credit wrongly, therefore the provisions of Section 11AC are not attracted although, they have violated the provisions of Section 11AC, but not with intention to evade .....

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