2011 (9) TMI 321

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....man, Advocate, for the Appellant-Assessee   Shri T.H. Rao, SDR for the Revenue   Heard both sides.   2. The brief fact of the case is that the appellant-assessee paid Rs.1,47,965/- on 5.10.2008 for the clearances made during the month of September 2008. This amount was paid by utilizing CENVAT credit as per rules in force. The appellants were permitted to use the credit ava....

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....ich the appellant-assessee is in appeal. Both the appeals are taken up together for hearing and disposal as these arise from the same impugned order.   4. After considering arguments from both sides as well as the facts of the case, I am of the view that the lower appellate authority was right in considering wrong utilization of Rs.71,965/- as a case of mere infringement of the legal provi....

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....ing suppression, fraud etc. Hence, it is not necessary to impose equal penalty in a case such as this. I am of the considered view that imposition of penalty of about 10% of the duty amount in such a case would meet the ends of justice apart from requiring the appellant-assessee to pay interest on the amount wrongly utilized as required under Rule 14 of the CENVAT Credit Rules, 2004. The learned c....