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TMI Blog2015 (10) TMI 1973X X X X Extracts X X X X X X X X Extracts X X X X ..... fide intention and in a deliberate and contemptuous conduct. No doubt appellant had taken excess credit but the explanation offered by them is that this is on account of inadvertent mistake on the part of clerk responsible for maintaining records inasmuch as the same has occurred on account of change of place of the decimal in the figures of the credit. The appellants have paid interest to the ext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bile components and were availing the benefit of CENVAT credit of duty paid on various capital goods and input services. The audit was conducted in the appellants factory and it was found that against the invoice dated 16.03.2009, the appellant had taken credit to the extent of ₹ 6,85,571-00 whereas the actual credit required to be taken by them was ₹ 68,557-00. Similarly in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 9,33,050-00 which is simpliciter on account of noting down the wrong figures and it is not attributed to any malafide on their part so as to invite a penal action. As soon as the said discrepancies were pointed out by the audit they accepted their mistake and immediately reversed the credit along with the interest of ₹ 3,81,412/-. In these circumstances it is their contention that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 3,81,412/-; which is penal in character. The observations of Commissioner (Appeals) that if not pointed out by the audit, the same would have gone unnoticed, do not attribute to the allegation of malafide to the appellant. In the absence of any evidence to show that there was malafide on the part of the assessee, I find that there is no justification for imposition of penalty upon the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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