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TMI Blog2015 (11) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... RDER Per : ARCHANA WADHWA The appellant, who is engaged in the manufacture of pig iron was availing the benefit of CENVAT credit of duty paid on the inputs received by him regularly. In terms of the provisions of Rule 3(4) of CENVAT Credit Rules, the appellant was obliged to use the credit availed in any month only to the extent available to him on the last day of that particular month. This mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aled before Commissioner (A), who upheld the same. Hence the present appeal. 4. The appellant's contention is that such wrong utilization of credit in contravention of the provisions of the said Rule 3(4) was unintentional inasmuch as they had a new accountant clerk, who was not aware of the provisions and accordingly mis-utilized the credit. It is the contention of the learned CA that during al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -utilisation of credit was not limited to one month but was spread over a period of one year. In these circumstances, the appellants plea that their clerk was new and was not aware of the law cannot be appreciated. Such regular mis-utilization, according to the learned AR, invites penal provisions. As such he prays for upholding the impugned order. 6. After appreciating the submissions made by b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l action against them. As such extending the benefit of doubt and after taking note of the fact that they were having sufficient balance in their PLA during the months of default and keeping in mind that appellant has already paid interest to the extent of Rs. 7,176/-, I impose a penalty of Rs. 10,000/- (Rupees Ten Thousand Only). 6.1 It is also seen that the lower authorities have confirmed the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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