https://www.taxtmi.com/caselaws?id=204549 Penalty was not sustainable where inputs sent to job workers were received back but their return was not entered in the records in time. The omission was treated as clerical and procedural, and the assessee had reversed the credit and paid interest. In the absence of evidence of diversion to the open market, irretrievable loss, or deliberate suppression to evade duty, the ingredients for penal action were not made out. The plea under Section 11A(2B) was accepted in substance, and penalty under Section 11AC of the Central Excise Act, 1944 read with Rule 15(2) of the Cenvat Credit Rules, 2004 was set aside. en-us Fri, 06 Aug 2010 00:00:00 +0530 Wed, 01 Jun 2011 11:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=204549 Penalty was not sustainable where inputs sent to job workers were received back but their return was not entered in the records in time. The omission was treated as clerical and procedural, and the assessee had reversed the credit and paid interest. In the absence of evidence of diversion to the open market, irretrievable loss, or deliberate suppression to evade duty, the ingredients for penal action were not made out. The plea under Section 11A(2B) was accepted in substance, and penalty under Section 11AC of the Central Excise Act, 1944 read with Rule 15(2) of the Cenvat Credit Rules, 2004 was set aside. Case-Laws Central Excise Fri, 06 Aug 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=204549