2012 (12) TMI 930

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..... ng the credit. As a prudent and experienced central excise assessee the appellant would have noticed the defects but still they chose to take credit without disclosing the defects to the department. I give the appellant an option to pay 25% of the penalty within 30 days of receipt of this order for final closure of the matter. If such payment is not made, the full amount of penalty will be payable .....

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..... isputing the fact that the documents on which they have taken credit were not proper. He is not even making any submission that the appellants will be able to cure this defect to the satisfaction of the adjudicating authorities. His only prayer is that the demand is issued by invoking the extended period of time and, therefore, the demand should be considered as time-barred. 3. Opposing the pray .....

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..... while taking the credit. As a prudent and experienced central excise assessee the appellant would have noticed the defects but still they chose to take credit without disclosing the defects to the department. Therefore, I am not in agreement with the submissions of the appellant. Consequently, I uphold the demand of Rs.83 ,204 /- (Rupees Eighty Three Thousand Two Hundred and Four only). However, i .....

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