2012 (8) TMI 857

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..... TMI 465 - CESTAT NEW DELHI] has taken a view that in such cases it cannot be said that there was suppression or mis-statement on the part of the assessee to avail cenvat credit wrongly. Moreover as soon as the omission was pointed out, the appellants have voluntarily debited the cenvat credit with interest without waiting for any proceedings to be initiated - liability for the cenvat credit incorr .....

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..... without waiting for the show cause notice. Thereafter proceedings were initiated to confirm the demand for the amount already debited and for imposition of penalty which has culminated in the impugned order confirming penalty under Rule 15 read with Section 11AC of Central Excise Act, 1944. Ld. C.A. submits that the appellant is not disputing the fact that cenvat credit availed was wrong and also .....

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..... , the appellants have voluntarily debited the cenvat credit with interest without waiting for any proceedings to be initiated. The ld. C.A. submits that the liability for the cenvat credit incorrectly availed is not being questioned and the confirmation is also not being challenged. In view of the above discussion, while upholding the confirmation of the demand for wrongly availed cenvat credit wi .....

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