2008 (12) TMI 575

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..... Sejpal, Advocate, for the Respondent. [Order]. -  This is Revenue's appeal. The brief facts of the case are that the respondent M/s Parle Tablet Tools Pvt. Ltd. has taken some credit of Rs. 7,71,088/- in respect of inputs received by them, which by CERA audit was considered to be inadmissible and on being pointed out, was reversed by them on receipt of the CERA audit report. Out of Rs....

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.... 7,71,088/- and on duty of Rs. 1,38,769/-. A penalty of Rs. 39,396/- was also imposed in respect of the Cenvat credit incorrectly taken by the appellant, which excluded the amount of Rs. 7,23,292/- paid prior to Feb., 2001. On appeal, the demand of interest and penalty was set aside by the Commissioner (Appeals) holding that once the credit has not been utilized as contended by the respondent and ....

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....ired to be paid only on the amount where duty was evaded and credit irregularly availed on account of suppression of fact etc. It is his submission that the show cause notice itself does not allege any suppression and mis-statement on their part and in fact the original authority has himself not imposed any penalty in respect of the amount referred to in Sr. No. 3 of the show cause notice amountin....

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....he amendment of Section 11AB, no mens rea is required to be established for the purpose of charging interest. Interest is liable to be paid both for amount voluntary paid or specifically determined by the Assistant Commissioner. Similarly, in respect of the goods cleared for export, for which no proof of exported has been submitted, duty as well as interest is required to be paid, but no penalty c....