2007 (10) TMI 107

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....Order No. PI/289/06 dated 11-8-2006 passed by the Commissioner of Central Excise (Appeals), Pune. 2. Considered the submissions made by both the sides at length and perused the records The Revenue is in appeal against the setting aside of the penalty imposed under Section 11AC on the respondent. It is the contention of the learned SDR that the respondents have availed ineligible Cenvat credit o....

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....case of Gaurav Mercantile, 2005 (190) E.L.T. 11. 4. On perusal of the documents it is seen that it is a fact that the respondents had raised debit notes for the inputs received short. There is also no dispute that such debit notes for inputs received short were produced by the respondents when the audit party directed them to do so. It is also clear that when they were of informed of ineligibil....