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TMI Blog2018 (8) TMI 1568X X X X Extracts X X X X X X X X Extracts X X X X ..... e credit alongwith interest and intimated the department vide their letter dt.31/3/2012 - there was no malafide on the part of the appellant and the same was only an inadvertent mistake in reversing the credit - penalty set aside - appeal allowed. - Appeal No. E/41693/2017 - FINAL ORDER No. 41728/2018 - Dated:- 31-5-2018 - Ms. Sulekha Beevi C.S. Member (Judicial) Shri S. Jayanth, Consultan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest and to impose penalties. After due process of law, the original authority confirmed the demand, interest and penalties. In appeal, the Commissioner (Appeals) held that equal penalty imposed cannot sustain and therefore upheld the penalty of ₹ 3,81,895/- and ordered to adjust ₹ 1,67,918/- being the duty paid on rejected imports cleared as scrap. The duty demand of ₹ 7,63,7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has reversed the credit alongwith interest and intimated the department vide their letter dt.31/3/2012, which was received by the Superintendent on the date 2/4/2012. There after Show cause notice has been issued after 22 months alleging suppression of facts and for imposing penalty u/s.11AC. He pointed out that the adjudicating authority has observed that the appellant has only taken the credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inted out by the audit in March 2012, the appellants have reversed the credit alongwith interest and intimated the department vide their letter dt.31/3/2012. However, Show cause notice is issued on 3/3/2014 alleging suppression of facts with intention to evade payment of duty. So also the claim of the assessee that they had credit balance running to ₹ 5 to 6 Crores in their RG23A Register an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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