9911796707
TMI Blog2007 (11) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... ad taken the credit on non-duty paid material received under DEEC - cannot be considered deliberate mistake – interest was held not imposable as there is no intention to evade duty – if interest is not imposable then penalty is also not imposable - E/265&266/2007 - A/2883-2884/2007-WZB/AHD - Dated:- 23-11-2007 - Mr. M. Veeraiyan, Member (Technical [Order].- 1. These two appeals are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iginal authority dropped the proceedings for demanding of interest and imposition of penalty. On appeal by the department, Commissioner (Appeals) imposed a penalty of Rs.10,000/- in respect of irregular credit taken amounting to Rs.1,00,920/-. He also imposed a penalty of Rs.1 lakh in respect of irregular credit taken amounting to Rs.17,60,219/-. 4. The learned advocate submits that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loss of revenue. 6. I have carefully considered the submissions from both sides. It is not in dispute that the credit taken was wrong and the same stands paid and they do not contest the liability. The original authority held that neither interest is recoverable nor penalty is imposable. The Commissioner (Appeals) has held that no interest is recoverable; however, he has chosen to impo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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