2014 (5) TMI 450

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....hana Wadhwa 1. As the appellants have deposited the entire amount of duty of Rs. 36,47,971/- and interest and amount of Rs. 11,927/- towards penalty, we dispense with the condition of pre - deposit of balance amount of penalty and allow the stay petition. Further, inasmuch as a short issue is involved, we proceed to decide the appeal itself with the consent of both the sides. 2. The appellan....

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....re was no intention on their part not to reverse the credit amount in question. It was pleaded by the appellant that the entire facts were within the knowledge of the Revenue inasmuch as they were filing regular return with their jurisdictional central excise authorities. The show cause notice culminated into impugned order passed by the original adjudicating authority and confirmed by the Commiss....

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....were not applicable to them. He further clarifies that on receipt of show cause notice, they sought clarification from Delhi Metro and as they did not reply, the assessee choose to deposit the amount in question and not to contest the same. However, he submits that there were enough reasons for the appellant to entertain the above bonafide belief and not to reverse the Cenvat credit. He further su....

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....mum possible. 6. After considering the submissions made by both the sides, we uphold the confirmation of demand along with interest, as not contested by the appellant. As regards penalty we agree with the ld. Advocate that this was a bonafide mistake on their part. There was no intention to evade duty inasmuch as the entire facts of availment of cenvat credit in respect of common inputs and cle....