2015 (10) TMI 1973

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....rayana,Adv Mr. N. Jagadish, A.R. : For the Respondent ORDER Per : Archana Wadhwa As per facts on record, the appellant is engaged in the manufacture of forged automobile components and were availing the benefit of CENVAT credit of duty paid on various capital goods and input services. The audit was conducted in the appellants factory and it was found that against the invoice dated 16.0....

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....dit of Rs. 6,85,571-00. Similarly in respect of another invoice, instead of taking the credit of Rs. 93050-00, the credit availed is to the extent of Rs. 9,33,050-00 which is simpliciter on account of noting down the wrong figures and it is not attributed to any malafide on their part so as to invite a penal action. As soon as the said discrepancies were pointed out by the audit they accepted thei....

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....as occurred on account of change of place of the decimal in the figures of the credit. The appellants have paid interest to the extent of Rs. 3,81,412/-; which is penal in character. The observations of Commissioner (Appeals) that if not pointed out by the audit, the same would have gone unnoticed, do not attribute to the allegation of malafide to the appellant. In the absence of any evidence to s....