2008 (8) TMI 691

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....ri Chander, JCDR, for the Respondent. [Order]. - This appeal has been filed against the Order-in-Appeal No. 77/2007-C.E. dated 30-10-2007 passed by the Commissioner of Central Excise, Customs and Service Tax (Appeals), Cochin. 2. Mr. Varadarajan, the learned Advocate, appeared on behalf of the appellants and Ms. Joy Kumari Chander, the learned JCDR, for the Revenue. 3. I hear....

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..... 1 crore. Hence, duty had been demanded. But both the lower authorities have found that there was no case for imposing any penalty. In fact, the lower authority has given a finding that there is no wilful intention on the part of the assessee to evade payment of duty. It is also seen that on realizing their mistake, the appellant had reversed the credit. The circumstances under which the appellan....

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....d be dispatched only on 7-9-2005. The value of clearances exceeded one crore in the second consignment. Therefore, the appellant had suo motu reversed the excess credit taken and informed the Range Superintendent by letter dated 19-1-2006 and letter dated 11-7-2006 addressed to the Deputy Commissioner about the actual amount of credit available to us. It may kindly be seen that there was an error ....