2012 (3) TMI 361

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r the Respondent. ORDER Shri Ojha, ld. Consultant says that appeal may be disposed waiving requirement of pre-deposit, since penalty of Rs. 1,23,923/- is under contest. He says that had the appellant utilised the credit taken wrongly penalty would have been imposed. According to him following the Apex Court judgment in the case of Commissioner of Central Excise, Mumbai-I v. Bombay Dyeing & M....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... statutory record, at no point of time there was availability o' credit less than Rs. 1,23,923.40 in record during the impugned period and there was no short fall of the credit by any utilization. It appears that after two years credit entered in statutory record was reversed i.e. on 5-9-2007 although that was taken two years before that. There is no whisper in the order about the intention of the....