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TMI Blog2018 (11) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant being a Government of India institute there cannot be any malafide intention for the reason that there is no individual, who can be benefited by taking wrong Cenvat Credit. Inasmuch as the appellant is admittedly a public sector undertaking, and also by appreciating the fact that no evidence stands produced by the Revenue indicating any intent on the part of the assessee, penalty ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jag Prayog under Bond (without payment of duty) vide Invoice Nos.4001134/44/45 dated all 23/08/2004. On scrutiny of the records by the Audit officers during the course of EA-2000 audit it was noticed that out of the above said quantity, 3006.338 MRs of furnace oil was cleared to Vasco Terminal on 18/09/2004. The said furnace oil was sold to the Customers on 18/09/2004 @ ₹ 11,280/- PMT wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leum Corporation Ltd., reported in 2007 (211) ELT 193 (SC), they submitted that they were a public sector undertaking and as such there cannot be any suppression on their part so as to invite penal action. The adjudicating authority did not agree with the above contention of the assessee and imposed duty of equivalent amount. 4. There is no dispute about the fact that on being pointed out by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f India, it would be absurd to assume a wholly Government owned company of non-payment of duty with intent to evade duty. To the same effect is another decision of the Tribunal in the case of Hindustan Insecticides Ltd. Vs. CCE, Delhi-I reported in 2017 (6) GSTL 218 (Tri-Del). 6. Inasmuch as the appellant is admittedly a public sector undertaking, by applying the ratio of the above decisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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