TaxTMI 
TaxTMI 
2007 (10) TMI 86
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.... amounting to Rs. 2,28,340/- on 12-6-2003 on the basis of invoice and by mistake took the same credit again on the basis of same invoices on 21st June 2003. Later on the mistake was detected by them on their own and they debited excess credit taken by them on 21-8-2003. The interest for the said period was also paid by them under Section 11AC on 4-3-2004. They were however issued a show cause noti....
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....ich was detected by them by their own and therefore it cannot be a case of removal of goods without payment of duty. The correct provision of law is Rule 14 of the Cenvat Credit Rules which dealt with wrong availment of utilization of credit whereas Rule 8 deals with clearance of goods and payment of duties in respect of clearances made during the month by the 5th of following month. It is not the....
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....006 (200) E.L.T. 377 (Raj.) which decision has been followed by the Tribunal in the case of Eltex Super Castings Ltd. v. C.C.E., Coimbatore, 2006 (206) E.L.T. 230 (Tribunal) = 2006-TIOL-1453- 3. As regards penalty it was submitted that since the amount was deposited by them on their own and the mistake was inadvertent penalty should not be imposed. 4. Heard both sides. 5. I have considered the ....