2007 (6) TMI 168

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ment reducing the claim to the extent of the credit availed on the capital goods, credit so availed is admissible to the appellants –- once the credit is admissible, penal action is not sustainable – revenue’s appeal rejected - E/1835/06 - A/925/C-IV/SMB/2007 - Dated:- 11-6-2007 - M.V. RAVINDRAN, JUDICIAL MEMBER ORDER 1. This appeal is filed by the revenue against Order-in-Appeal No. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... onsidered the submissions made by both the sides and perused the records. The learned Commissioner (Appeals) while arriving at the conclusion of allowing the appeal of the respondent has come to the following findings :— 'I have carefully gone through the Order-in-Original, grounds of appeal and contentions made during the personal hearing. Hon'ble CESTAT in the case of Anuradha Sugar Mills Lt .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the claim to the extent of the credit availed on the capital goods. I find that the ratio of the abovesaid case law is squarely applicable to the present case. Therefore, the credit so availed is admissible to the appellants. Further, I hold that once the credit is admissible, penal action is not sustainable. In view of the CESTATs decision cited above, the impugned Order-in-Original is set asi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X