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TMI Blog2016 (6) TMI 1217X X X X Extracts X X X X X X X X Extracts X X X X ..... liberate suppression by the assessee with intent to evade duty, hence, the penalty under Rule 15(2) of Cenvat Credit Rules, 2004 is not justified - appeal allowed - decided in favor of appellant. - E/126/2012-Mum - A/87441/17/SMB - Dated:- 22-6-2016 - Mr. Devender Singh, Member (Technical) Ms. K. Rathi, Advocate for the Appellant(s) Sh. H.M. Dixit, AC(AR) for the Respondent(s) O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inted out, the appellants paid the said amount along with interest. 2. A Show Cause Notice was issued which was adjudicated resulting in confirmation of demand of ₹ 68,065/- along with interest thereon of ₹ 7,271/-. A penalty of ₹ 68065/- was also imposed. In appeal, the Id. Commissioner (Appeals) upheld the Adjudication order. Aggrieved by which the appellants are in appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r bona-fide would be evident from the fact that they paid the extra duty as soon as was pointed out without waiting for the Show Cause Notice which was issued after a period of three years. She invited attention to letter to Audit dt. 26.05.2008 wherein they had informed about payment of duty and interest. 4. Ld. A.R. reiterated the findings in the order of the Id. Commissioner (Appeals). 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be accepted considering that the amount involved is very small and on other 31 items, correct abatement was indicated and duty paid accordingly. Their bona-fides are also strengthened by the fact that as soon as the audit pointed out the short levy, they paid differential duty along with interest before issuance of show cause notice. 7. In view of these facts, there does not appear to be any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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