2008 (3) TMI 568

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....R, for the Respondent. [Order]. - Heard both sides and perused the records. 2. The appellant filed this appeal against the imposition of penalty of Rs. 10,000/-. 3. The relevant facts of the case, in brief, are that the appellant availed credit of 50% of duty of Rs. 7,956/- on the capital goods and they returned back the said capital goods and reversed 50% of credit. But they....

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....ellants deposited the duty with interest before issue of show cause notice. I noticed that the appellant availed credit of 50% of the duty and reversed the said credit, while returning the capital goods to the supplier. The payment of full amount of duty is recorded in their invoice and, therefore, there is no mala fide on the part of the appellant. The finding of the Commissioner (Appeals) that d....