https://www.taxtmi.com/caselaws?id=127931 The tribunal set aside the penalty of Rs. 96,124 imposed on the appellants for wrongly availing duty credit on capital goods. It was found that the machines in question were eligible for credit in the appellants' second unit, and the error stemmed from availing it under the wrong entity. As the excess credit remained unused and was merely a record entry, the tribunal concluded that no penalty was justified. The appeals were allowed in favor of the appellants with consequential relief, emphasizing the significance of intent, eligibility, and actual benefit in such cases. en-us Fri, 10 Jul 2009 00:00:00 +0530 Mon, 25 Mar 2013 09:50:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=127931 The tribunal set aside the penalty of Rs. 96,124 imposed on the appellants for wrongly availing duty credit on capital goods. It was found that the machines in question were eligible for credit in the appellants' second unit, and the error stemmed from availing it under the wrong entity. As the excess credit remained unused and was merely a record entry, the tribunal concluded that no penalty was justified. The appeals were allowed in favor of the appellants with consequential relief, emphasizing the significance of intent, eligibility, and actual benefit in such cases. Case-Laws Central Excise Fri, 10 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=127931