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TMI Blog2015 (3) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... f the credit was continued about four years. It is difficult to accept that the system error continued for four years. The learned counsel submitted that during the four years, audit was conducted and they have not detected the defect. We are not impressed with the submission of the learned counsel for the reason that it is not the duty of the audit party to examine the system error. On the other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party, it was noticed that the applicant availed CENVAT credit of ₹ 1,95,52,133/- twice for the period December 2008 to March 2012. Upon detection by the audit party, the applicant paid the entire amount along with interest on 18.9.2012. By the impugned order, the adjudicating authority imposed a penalty of ₹ 1,87,69,233/- under Rule 15(2) of the CENVAT Credit Rules, 2004 r/w Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit at the expense of the exchequer. We find that the irregular availment of the credit was continued about four years. It is difficult to accept that the system error continued for four years. The learned counsel submitted that during the four years, audit was conducted and they have not detected the defect. We are not impressed with the submission of the learned counsel for the reason that it is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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