2013 (12) TMI 1291

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....ides. 2. The facts of the case are that the respondents are manufacturer of pesticide and insecticides and were clearing the goods on payment of duty. The respondents have received back some goods in their factory, earlier cleared by them, as defective. Therefore, following the provisions of Rule 16(1) of the Central Excise Rules, 2001, the respondents took credit on the goods returned to them ....

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..... Against the said order, the Revenue is in appeal before me. 3. The learned AR appearing for the Revenue submits that in this case the respondents have reversed the credit after pointing out by the department as the stock has been written off by them in their Books of Accounts. Therefore, mandatory penalty under section 11AC is imposable on the respondents. To support his contention he place r....