2012 (8) TMI 858

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... engaged in the manufacture of plastic master batches and the raw material is imported as well as purchased in the domestic market. Appellant has got two more units of their own. The inputs purchased are cleared as such and are sometimes sold to their group company and while doing so the appellant is required to reverse the cenvat credit taken as such. However, appellant had been following the pra....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the extent of Rs.25,795/-. 2. Heard both the sides. 3. Ld. C.A. submits that in the normal course the company would not have even appealed against this order but for the fact that there was no intention to evade duty or reverse lower amount of cenvat credit. The appellant is a public limited company and there are bank nominees in the board who are very sensitive to the issue of penalty and t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oing through the decision of the Tribunal cited by the ld. C.A. I find that in this case it cannot be said that there was mis-statement or suppression of fact with intention to evade duty. As regards limitation, the appellant is not claiming the same and has already paid the duty and is not challenging the demand for duty and interest also. The appellant is seeking only waiver of penalty on the gr....