2007 (3) TMI 493

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....Respondent. [Order]. - Nobody is present for the appellants. Accordingly, I have heard Shri Pramod Kumar, ld. JDR and have gone through the impugned order. 2. The appellants are engaged in the manufacture of printed cartons falling under Chapter 48 of the Central Excise Tariff Act, 1985, and were availing the benefit of Cenvat credit of duty paid on the inputs. During the visit of th....

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....he finding that there is nothing in the investigation conducted to prove that the assessee had cleared the raw materials after availing the Cenvat credit intentionally to defraud the Government revenue. He further observed that show cause notice accepted the assessee's contention that the raw materials was shifted from the registered premises to a nearby gala for shortage of space. As such, he by ....

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....low even such movements of goods but in the absence of any mens rea on the part of the assessee, I am of the view on imposition of penalty equivalent to 100% of credit involved is not justified. A nominal penalty for procedural contravention would meet the ends of justice. As such, while upholding the imposition of penalty, I reduce the same to a token amount of Rs. 5,000/-. 6. As regards ....