2011 (6) TMI 539

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nvat credit. 2.  The ld. Advocate on behalf of the appellant submitted that the appellant is a Multi-national Company (MNC) and they paid about Rs. 30 crores of Central Excise duty and availed Rs. 24 crores as cenvat credit and the turnover is about Rs. 300 crores. Such being the quantum of turnover and duty paid and cenvat credit availed, it would be unfair to assume that they would resort to suppression of facts or mis-declaration to avail irregular credit of Rs. 1,49,800/-. Further he also submitted that they have Service & Trading Division and Manufacturing Division and during the period of about 2 to 3 months, the regular Clerk who has knowledge of the work in Service & Trading Division was on leave and during this period some ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ubmits that in this case the credit taken was irregular and it had happened over a period of nearly an year as emerges from the record. Further she also submits that there is no explanation forthcoming as to whether the Clerk was on leave for one year and further from the fact that only after it was found out by the audit of the Department, appellants reversed the credit would show that appellants had intent to avail credit wrongly and intentionally and therefore penalty imposed on the appellant is justified. She submits at quantum of turnover etc. are not relevant. She relies on the decision of the Hon'ble High Court of Punjab & Haryana in the case of C.C.E., Delhi-III v. Machino Montell (I) Ltd. - 2006 (202) E.L.T. 398 (P & H) = 2006 (4) ....