2015 (5) TMI 981

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dit in respect of the exempted goods also - Held that:- Availment was with the due knowledge of the Revenue inasmuch as the same was being reflected in their statutory records as also in returns. This was an action of ignorance on their part and not being aware of the law. Inasmuch as it was being availed with the knowledge of the Revenue by reflecting the same in the statutory records and inasmuc .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ioner : Mrs. Vijaya Prakash, Advocate For the Respondent : Mr. S. Teli, AR ORDER Per: Archana Wadhwa The appellants are engaged in the manufacture of dutiable as also exempted goods. During the period July 2006 to September 2006, they availed the credit of duty paid on the inputs used in the manufacture of both the final products. Inasmuch as they were also manufacturing exempted goods, they .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s paid along with interest immediately, on being pointed out by the Revenue. 3. However subsequently they were issued a show-cause notice on 16.09.2008 for imposition of penalty. The said show-cause notice resulted in passing of an order by the lower authorities imposing penalty to the extent of ₹ 8,85,810/- (Rupees Eight Lakhs Eighty Five Thousand Eight Hundred and Ten only) i.e. equal to .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he assessee to avail the credit in respect of the exempted goods also. As per learned advocate such availment was with the due knowledge of the Revenue inasmuch as the same was being reflected in their statutory records as also in returns. This was an action of ignorance on their part and not being aware of the law. Inasmuch as it was being availed with the knowledge of the Revenue by reflecting t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... iew the said Sections stand introduced by the Legislature so as to avoid and reduce litigation. If the Revenue is still insisting on issuing show-cause notice in such cases, the entire purpose of the said Section gets defeated. 7. Having said so, I set aside the penalty imposed upon the appellant and allow the appeal with consequential relief. (Order pronounced in open court)
Case laws, Deci .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X