2007 (3) TMI 135

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..... rect and allowed - Appeal No. E/ESM-372/2005 - Final Order No. A-410/KOL/2007 - Dated:- 22-3-2007 - [Order per] - Heard both sides. The respondents took credit on capital goods in their Kolkata Unit and subsequently, they removed the same to their Nasik Unit. At the time of removal, they did not reverse the entire amount of credit availed earlier, but paid duty on the depreciated value of t .....

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..... ial time. Accordingly, I set aside the impugned order passed by the lower appellate authority and restore the order-in-original. 3. In view of the peculiar facts and circumstances of the case which involves legal interpretation, I am of the view that the imposition of penalty in this case is not justified and hence order imposing penalty is set aside but the interest is payable on the differen .....

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