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TMI Blog2018 (8) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... Flextronics Technologies (India) Pvt.Ltd. [2015 (10) TMI 709 - KARNATAKA HIGH COURT], it was held that penalty is liable to be set aside. The demand of duty is upheld - penalty set aside - appeal allowed in part. - Appeal No. E/60541/2018-EX - Final Order No. 62555/2018 - Dated:- 20-7-2018 - Hon ble Mr. Devender Singh, Member ( Technical ) For the Appellant : Shri R. K. Hasija , Advocate For the Respondent : Shri H.Singh, AR ORDER Per : Devender Singh The brief facts of the case are that appellant registered with the Department for manufacture of tractors parts and are availing Cenvat credit on inputs and capital goods. During the Audit conducted on 28th 29th March, 2016 for the financial year 2014-15, it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Advocate for the appellant submits that they are not disputing the demand and are only contesting penalty imposed on the appellant. He pointed out that the adjudicating authority itself dropped the interest. He argued that they have paid disputed amount within two days of it being pointed out and they had sufficient balance in their Cenvat Credit accouunt as observed by the adjudicating authority. In view of that, penalty is not imposable on the appellant in view of the judgment of the Hon ble Karnataka High Court in the case of CCE, Bangalore vs. Flextronics Technologies (India) Pvt.Ltd.-2015 (323) ELT 273 (Kar.) and judgment in the case of Principal Commissioner of Central Excise, Bangalore vs. M/s.Vilax Industrial Fabrics Survey-2018- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad not utilized the amount credited. 6. In the case of M/s.Vilax Industrial Fabrics Survey (supra), Hon ble Karnataka High Court has held as below:- 8. The imposition of penalty and interest in the present case has been set aside by the learned Tribunal essentially on the ground that soon upon the mistake being pointed out by the officer of the Department, the Respondent Assessee immediately reversed the Cenvat Credit wrongly availed by it in respect of Basic Customs Duty (BCD) and Cess on Textiles. 9. In view of this, there cannot be said to be any misstatement, fraud or collusion on the part of the Respondent Assessee through which it wanted to evade the Excise Duty in question. Therefore, the setting aside of the interes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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