2012 (5) TMI 298

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....ing waiver of pre-deposit of penalty, the appeal is taken up for final disposal. 2. The facts of the case are that the appellant has availed inadmissible credit of the basic custom duty and special additional customs duty which they were not entitled to take. During the course of audit by the departmental officers it was pointed out to the appellant and therefore they reversed the inadmissible cr....

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....is case if the departmental officers have not pointed to the appellants this wrong availment of CENVAT credit  could not be found. Being a public sector undertaking the appellant should be more diligent while taking such type of credits, therefore the appellant should be penalized under Section 11AC of the Central Excise Act, 1944 with equal amount of wrongly availment of CENVAT credit. ....