9911796707
TMI Blog2007 (10) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... CCR either - E/679/2005 - 1254/2007 - Dated:- 15-10-2007 - Shri P.G. Chacko, Member (J) [Order per] - The appellants had initially taken Cenvat credit of Countervailing duty (CVD) on certain raw materials imported by them. These credits were taken on 29-11-2001, 8-1-2002 and 15-2-2002 in respect of three bills of entry, amounting to Rs. 38,06,068/-. They wrongly took Cenvat credit of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e (2) of Rule 13. The present appeal is directed against the decision of the Commissioner (Appeals). 2. After examining the records and hearing both sides, I note that the Cenvat credit wrongly taken by the appellants had been reversed by them after realizing their mistake and that interest was also paid by them. The show-cause notice dated 17-2-03 was issued by the department upon verificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide. The remaining penalty is under sub-rule (1) of Rule 13, which reads as under "If any person takes Cenvat credit in respect of inputs or capital goods, wrongly or without taking reasonable steps to ensure that appropriate duty on the said inputs or capital goods has been paid as indicated in the document accompanying the inputs or capital goods specified in rule 7, or contravenes any of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e facts and circumstances of this case. Learned counsel has relied on Final Order No. 915-922/07 dated 26-7-2007 passed by this Bench in the case of SRF Ltd. Ors. v. Commissioner of Central Excise, Chennai [2007 TIOL-1566- CESTAT-MAD], wherein a penalty imposed on the assessees under Rule 15 of the Cenvat Credit Rules, 2002/2004 (equivalent to Rs. 173Q of the erstwhile Central Excise Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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