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TMI Blog2012 (10) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... When the omission was pointed out, the appellants promptly reversed the cenvat credit - appellant is a public sector unit and having regard to the size of the company and the operations of the company and also the circumstances, availment of wrong credit has happened because of accounting error and is a mistake - provisions of Section 80 are invocable in this case - penalty imposed on the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot covered by the provisions of Rule 6(5) providing for cenvat credit even when separate accounts are not maintained. When the omission was pointed out, the appellants promptly reversed the cenvat credit of Rs. 2,16,143/- but did not pay interest. Thereafter proceedings were initiated for recovery of interest and also for imposition of penalty under Rule 15 of CCR, 2004 read with Section 11AC of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He cited the following decisions : 1. C.C.E., Delhi-III v. Maruti Udyog Ltd. - 2007 (214) E.L.T. 173 (P H) 2. C.C.E. v. Gupta Steel - 2006 (205) E.L.T. 24 (Guj.) = 2008 (12) S.T.R. 101 (Guj.) 3. C.C.E. v. Interplex (I) Ltd. - 2007 (211) E.L.T. 228 (Tri. - Ahd.) = 2007 (6) S.T.R. 53 (Tribunal) 4. C.C.E. v. Maruti Udyog Ltd. - 2007 (214) E.L.T. A50 (S.C.) 5. C.C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ked. In view of the fact that appellants had excess credit during the relevant period and there was no intention to evade payment of duty, this is a case of genuine mistake in accounting by the appellants and therefore a fit case for waiver of penalty under Section 80 of Finance Act, 1994. 4. I have considered the submissions. As regards interest, the issue stands settled against the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X
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